Mass law for storing firearm in car?

[sambo42xa]

Ok, here is another one.........
Since We All pretty much carry everyday, what if I knew I was going to my kid's school (1-8 grades and/or high school) for, say an Open House thingy. Do I leave my firearm at home (I would think not), or do I bring it to school and lock both the firearm and ammo in separate lock boxes in vehicle?? Can you or someone give me the answers for both MA. and NH??

[Producer]

You'll find the Mass Law on concealed carry on school (elementary, secondary, college or university) grounds (prohibited) in MGL Chapter 269, Section 10, Paragraph J. That paragraph also prohibits "other dangerous weapon". (That is, unless you have written authority from the board or officer in charge).

Although it refers to a firearm on your person (not addressing vehicle storage) - as a practical matter, leave all your stuff at home.

I attended a NRA training course which reviewed Mass firearms law, and the attorney basically advised not having a firearm anywhere near a school , even in your car. The potential hassle could be significant.

Found this on the Pro-Gun NH web site: Frequently Asked Questions about NH Gun Laws | Pro-Gun New Hampshire
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Frequently Asked Questions about New Hampshire Gun Laws

Copyright © 2006-2008 Sam Cohen
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Q: Where can I and can I not carry? What about banks, bars, and hospitals?

A: 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, but these federal laws are controversial; still, I advise people not to be the “test case” in federal court, because (a) if you lose in court, then you’re going to federal prison, and (b) if you win in court, Congress may well rewrite the law to be more restrictive, because they’re that way (and this actually happened in 1996; look up the 1995 US Supreme Court case United States v. Lopez). 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 — and that includes post offices. The controversy arises over paragraph (d) of that section, which provides an exemption for “the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.” Note that despite the law, the Code of Federal Regulations says no guns are allowed, and you’ll find notices posted on the door threatening you with arrest. Federal law (United States Code) trumps federal regulations, but I find handcuffs uncomfortable.

(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.)

18 USC 922 (q) includes exemptions for private property (i.e., you’re OK if your house is next to a school), for police officers on duty, for school-approved programs, and for unloaded guns in locked containers or locked gun racks. There’s also an exemption for people holding carry licenses, but only if state law requires that “before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license.” Unfortunately, New Hampshire state law (RSA 159:6) arguably does NOT make the cut, in part because town selectmen and city mayors can issue carry licenses, and they’re not “law enforcement authorities.” But even if your carry license was issued by a police chief, it doesn’t protect you, because our state law doesn’t meet the requirements of the federal law.

This federal “Gun Free School Zones Act” is unpopular, and some people prefer to believe that New Hampshire’s carry licenses provide an exemption, despite the above analysis. Further, nobody in New Hampshire has been arrested or prosecuted on the basis of this federal law. Still, you have to ask yourself if you want to be the test case.

So, to summarize: state law prohibits you from carrying in courtrooms and courthouses; federal law, though controversial, “technically” puts you at risk of arrest and prosecution for carrying in federal buildings (including post offices) and in or near elementary or secondary schools.

Besides all of this, on private property (including stores, theaters, restaurants, etc.), the property owner can set a “no guns” policy, ask you to leave if you’re carrying, and have you arrested for trespassing if you don’t leave, but otherwise you’re legal. (Note: if you hear of such policies, please inform Pro-Gun New Hampshire: 603/226-PGNH.)
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I hope this helps your understanding of New Hampshire gun laws. If you have any questions, feel free to ask any member of the Misguided Malcontent March. (Just kidding, of course. Call Pro-Gun New Hampshire, 226-PGNH, and we’ll call you back.)

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Sam Cohen is a founder and the Executive Vice President of Pro-Gun New Hampshire, Inc., and was a Director of Gun Owners of New Hampshire, Inc., from 2001 to 2006. For several of those years he was also the GO-NH Legislative Liaison, testifying on behalf of GO-NH at state legislative hearings. He is also the New Hampshire spokesman for two national organizations: Citizens Committee for the Right to Keep and Bear Arms, and KeepAndBearArms.com. He is proud to have befriended a number of New Hampshire legislators and other state officials.

Note: The original version of this article was posted on freestateblogs.net in January 2006. This version was updated on November 12, 2007 and on June 29, 2008.