S&WM&P40
New member
I found this when i was looking at laws in NH. I would like to know more about it.
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.
Source. 2003, 283:2, eff. July 18, 2003.
Now what does this mean?? I got half of it. The state of NH now controls every thing that has to do with fire arms. But towns/city's may still set zoning as to where a Gun store my be in town. But does this mean that towns can no longer tell me i cant not carry in the town park because of city code? Does this mean all city codes stating that i can not have a gun here or there are no more? Or am i just reading this the wrong way?? Because to me it sounds like this law states that unless the STATE of NH has a law saying it's a no carry zone then i am good. As by this law the town can not set codes stopping people from carrying. other then Fed laws. Is this just me being a Bone head and reading this law the wrong way?
Also RSA 159:6-E
159:6-e Violation. – Any person aggrieved by a violation of the licensing sections of this chapter by a licensing entity may petition the superior court of the county in which the alleged violation occurred for injunctive relief. The court shall give proceedings under this chapter priority on the court calendar. Such a petitioner may appear with or without counsel. The petition shall be deemed sufficient if it states facts constituting a violation of the licensing sections of this chapter by the licensing entity, and may be filed by the petitioner or the petitioner's counsel with the clerk of court or the justice. The clerk of court or any justice shall order service by copy of the petition on the licensing entity or a person employed by the entity. If the justice finds that time is of the essence, the justice may order notice by any reasonable means, and shall have authority to issue an order ex parte when the justice reasonably deems such an order necessary to insure compliance with the provisions of this chapter.
Source. 1996, 122:1, eff. Jan. 1, 1997.
Dose this mean just if they turn me down for a permit? Or if they stop me because i am open carrying i can file? I am thinking it's just if they turn me down or try and make me fill out paper work that is not needed by law am i right?
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.
Source. 2003, 283:2, eff. July 18, 2003.
Now what does this mean?? I got half of it. The state of NH now controls every thing that has to do with fire arms. But towns/city's may still set zoning as to where a Gun store my be in town. But does this mean that towns can no longer tell me i cant not carry in the town park because of city code? Does this mean all city codes stating that i can not have a gun here or there are no more? Or am i just reading this the wrong way?? Because to me it sounds like this law states that unless the STATE of NH has a law saying it's a no carry zone then i am good. As by this law the town can not set codes stopping people from carrying. other then Fed laws. Is this just me being a Bone head and reading this law the wrong way?
Also RSA 159:6-E
159:6-e Violation. – Any person aggrieved by a violation of the licensing sections of this chapter by a licensing entity may petition the superior court of the county in which the alleged violation occurred for injunctive relief. The court shall give proceedings under this chapter priority on the court calendar. Such a petitioner may appear with or without counsel. The petition shall be deemed sufficient if it states facts constituting a violation of the licensing sections of this chapter by the licensing entity, and may be filed by the petitioner or the petitioner's counsel with the clerk of court or the justice. The clerk of court or any justice shall order service by copy of the petition on the licensing entity or a person employed by the entity. If the justice finds that time is of the essence, the justice may order notice by any reasonable means, and shall have authority to issue an order ex parte when the justice reasonably deems such an order necessary to insure compliance with the provisions of this chapter.
Source. 1996, 122:1, eff. Jan. 1, 1997.
Dose this mean just if they turn me down for a permit? Or if they stop me because i am open carrying i can file? I am thinking it's just if they turn me down or try and make me fill out paper work that is not needed by law am i right?
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