Firearm Information

By state law (RSA 159:19), the only place you can't have a gun is a courthouse or courtroom. By federal law, there are two places where you can't carry.

Here are the two federal laws:

1. Title 18, United States Code, Section 930 prohibits firearms (and also knives with blades longer than 2-1/2 inches) in federal "facilities," meaning buildings. (Note that this includes post offices.)
2. Title 18, United State Code, Section 922, paragraph (q) is the Gun-Free School Zones Act. You can't have a gun in, on the grounds of, or within 1,000 feet of the property line of, an elementary or secondary school, whether public or private. (Note that this doesn't include colleges or universities.)

On private property (including stores, theaters, restaurants, etc.), the property owner can set a “no guns” policy. In NH a “No Firearms” sign posted on private property does not carry the weight of law but they can ask you to leave if you’re carrying, and have you arrested for trespassing if you don’t leave. You will not have violated NH law related to carrying a firearm but you will be violating their company policy and NH trespassing statutes if you don’t leave when you are asked.

The NH Attorney General's Office has stated that open carry is regarded as a "Right", and though any citizen may call the police if they observe someone carrying a gun openly, that citizen's "annoyance and alarm" does not override the "Right" to carry openly. The police are obligated to investigate the citizen's complaint, but once it is determined that there is no substance to the complaint, the citizen openly carrying should be allowed to carry on with his/her business. Obviously in the post-9/11 age if people observe you openly carrying a firearm it may cause them to be concerned and to report you to the police. Once such a report has been made you can expect to be identified and questioned to determine if there is an actual threat.

RSA 159:26, declares that only the state (not cities or towns) may regulate firearms, and that any city or town ordinances about guns are null and void, except for zoning and hunting.  

The New Hampshire Department of Safety maintains current information on state reciprocity.

RSA 627:4 Physical Force in Defense of a Person.

1. A person is justified in using non-deadly force upon another person in order to defend himself or a third person from what he reasonably believes to be the imminent use of unlawful, non-deadly force by such other person, and he may use a degree of such force which he reasonably believes to be necessary for such purpose. However, such force is not justifiable if:
   1. With a purpose to cause physical harm to another person, he provoked the use of unlawful, non-deadly force by such other person; or
   2. He was the initial aggressor, unless after such aggression he withdraws from the encounter and effectively communicates to such other person his intent to do so, but the latter notwithstanding continues the use or threat of unlawful, non-deadly force; or
   3. The force involved was the product of a combat by agreement not authorized by law.
2. A person is justified in using deadly force upon another person when he reasonably believes that such other person:
   1. Is about to use unlawful, deadly force against the actor or a third person;
   2. Is likely to use any unlawful force against a person present while committing or attempting to commit a burglary;
   3. Is committing or about to commit kidnapping or a forcible sex offense; or
   4. Is likely to use any unlawful force in the commission of a felony against the actor within such actor's dwelling or its curtilage.
3. A person is not justified in using deadly force on another to defend himself or a third person from deadly force by the other if he knows that he and the third person can, with complete safety:
   1. Retreat from the encounter, except that he is not required to retreat if he is within his dwelling or its curtilage and was not the initial aggressor; or
   2. Surrender property to a person asserting a claim of right thereto; or
   3. Comply with a demand that he abstain from performing an act which he is not obliged to perform; nor is the use of deadly force justifiable when, with the purpose of causing death or serious bodily harm, the actor has provoked the use of force against himself in the same encounter.
   4. If he is a law enforcement officer or a private person assisting him at his direction and was acting pursuant to RSA 627:5, he need not retreat.

RSA 627:7 Use of Force in Defense of Premises.

A person in possession or control of premises or a person who is licensed or privileged to be thereon is justified in using non-deadly force upon another when and to the extent that he reasonably believes it necessary to prevent or terminate the commission of criminal trespass by such other in or upon such premises, but he may use deadly force under such circumstances only in defense of a person as prescribed in RSA 627:4 or when he reasonably believes it necessary to prevent an attempt by the trespasser to commit arson.

RSA 627:8 Use of Force in Property Offenses.

A person is justified in using force upon another when and to the extent that he reasonably believes it necessary to prevent what is or reasonably appears to be an unlawful taking of his property, or criminal mischief, or to retake his property immediately following its taking; but he may use deadly force under such circumstances only in defense of a person as prescribed in RSA 627:4.