New Hampshire Gun Laws/Restrictions

Code Sections

159:1, et seq.

Types of Illegal Firearms

Possession, sale, transfer, or manufacture of the below firearms is illegal:

• Fully automatic weapons
• Sawed-off shotguns
• Teflon coated or armor piercing bullets.

Waiting Period Before Purchase

• None

Who May Not Own Guns

New Hampshire prohibits several different categories of individuals from owning or possessing pistols:

• Armed career criminals
• Convicted felons
• Minors

Concealed and/or Open Carry

• Concealed handguns are permitted with a license (NH is a "shall issue" state, which means permits will be issued as long as the applicant meets the minimum requirements).
• Unloaded handguns may be carried openly, except while in a motor vehicle. Loaded "long guns" (rifles, shotguns, etc.) may not be carried in motor vehicles.

Laws Prohibiting Firearms On or Near School Grounds

• Unlawful possession or sale of a firearm or other dangerous weapon in a school zone 193-D:1

There are no state licensing requirements for the purchase of any rifle, shotgun or handgun.

It is unlawful to sell any firearm to any convicted felon. It is unlawful to sell or give a handgun to a minor, unless the gift is from a parent, guardian or executor to a child, ward or heir.

• Fully automatic weapons
• Sawed-off shotguns

State Statute or Definition: (159:20 Electronic defense weapon definition: An electronically activated non-lethal device producing an electrical charge sufficient to immobilize or incapacitate a person temporarily.)

• If user has committed a felony, possessing shall be guilty of Class B felony (159:21)
• Sales are restricted to persons 18 and over (159:22)
• Use against a LE officer or another person with intent to commit a crime is punishable as a misdemeanor or felony (159:23)

• Teflon coated or armor piercing bullets

There are no state licensing requirements for the possession of rifles, shotguns or handguns. It is unlawful for any person who has been convicted of a felony to own, possess or control any firearm.

Persons who are the subject of a court protective order may be required to surrender all firearms and ammunition.

It is unlawful to carry a loaded handgun in any vehicle or concealed about one's person without a license. Exceptions to the above prohibition are: carrying in one's dwelling, house or place of business; law enforcement and military personnel when on duty; organizations authorized by law to purchase or receive firearms.

New Hampshire only honors Resident Permits from the states they honor.

A person may carry a handgun openly upon his person or unloaded and exposed or locked up in a vehicle without a license to carry. To obtain a license to carry, a person must apply to the selectmen or mayor or chief of police of the town where he is a resident. The selectmen or mayor or chief of police shall issue a license to the applicant authorizing him to carry a handgun if he is a suitable person to be licensed and has good reason to fear an injury to his person or property or has any other "proper purpose." Hunting, target shooting or self-defense shall be considered proper purposes. The license shall be valid for all allowable purposes regardless of the purpose for which it was originally issued.

The fee for the license is $10.00 for New Hampshire residents and the license is valid for not more than four years. The license shall be in duplicate with one copy held by the licensee and one copy held by the issuing officer.

The license must be issued within 14 days of application. If the application is denied, the reasons for the denial must be stated in writing and delivered to the applicant.

A non-resident may obtain a license to carry by applying to the director of state police. He must meet the requirements as outlined above and pay a fee of $100.

A license to carry a firearm concealed issued to a non-resident by another state shall be honored if such state provides a reciprocal privilege.

A person shall not knowingly carry or have in his control any firearm in a courtroom or area used by a court. This shall not apply to authorized persons, police officers, and security guards.

In the absence of any state law governing automatic weapons, federal law controls the registration and regulation of machine guns in New Hampshire.

Antiques, defined as any handgun "utilizing an early type of ignition," such as flintlocks, percussion and pin fires, are exempt from the above regulations. No handgun which utilizes centerfire or rimfire cartridges will be considered an antique.

It is unlawful to carry a loaded rifle or shotgun in or on any motor vehicle, power boat or airplane.

It is unlawful to change, alter, remove or obliterate the name of the maker, model, serial number or other mark of identification on any handgun. Possession of a handgun with its marks altered creates a legal presumption that the possessor committed the offense.

It is unlawful to discharge a firearm on the land of another within 300 feet of a permanently occupied building without the permission of the owner.

It is unlawful to discharge a firearm from or across a public highway, including the rights of way of a highway, in pursuit of wild birds or animals.

A person who uses or attempts to use Teflon coated or armor piercing or exploding ammunition in the course of any misdemeanor or felony shall be guilty of a separate felony.

To the extent consistent with federal law, the state of New Hampshire shall have authority and jurisdiction over the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, or firearms supplies in the state. Except as otherwise specifically provided by statute, no ordinance or regulation of a political subdivision may regulate the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, or firearms supplies in the state.

New Hampshire prohibits civil liability causes of action against manufacturers, distributors, dealers, and importers of firearms or ammunition for the harm caused by the criminal or unlawful use of their products by others.

The state of New Hampshire shall have authority and jurisdiction over the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, or firearms supplies in the state.

159:26 Firearms and Ammunition; Authority of the State.

I. To the extent consistent with federal law, the state of New Hampshire shall have authority and jurisdiction over the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, or firearms supplies in the state. Except as otherwise specifically provided by statute, no ordinance or regulation of a political subdivision may regulate the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, or firearms supplies in the state. Nothing in this section shall be construed as affecting a political subdivision's right to adopt zoning ordinances for the purpose of regulating firearms businesses in the same manner as other businesses or to take any action allowed under RSA 207:59.

II. Upon the effective date of this section, all municipal ordinances and regulations not authorized under paragraph I relative to the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearm components, ammunition, or firearms supplies shall be null and void.

NH §§ 159:1, et seq.