Rsa 159:26
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Thread: Rsa 159:26

  1. #1

    Rsa 159:26

    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?
    Last edited by S&WM&P40; 08-18-2008 at 04:11 PM.

    THEY MAY TAKE OUR LIVES BUT THEY'LL NEVER TAKE OUR FREEDOM!!!!!

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  3. #2
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    Quote Originally Posted by S&WM&P40 View Post
    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?
    Yes, keep in mind though you can only OC in NH outside of your vehicle. Vehicle carry in NH is prohibited with out a LTC.
    Know the law; don't ask, don't tell.
    NRA & UT Certified Instructor; CT, FL, NH, NV, OR, PA & UT CCW Holder
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  4. #3
    Yeah i know that. I have a LTC so that no big deal i just wanted to make sure i was reading this law right. I have not started to carry yet but i am still in fear. Of Carrying in a car as what if a cop pulls you over and you reach over to get your info and he sees a gun and shoots you? Or pulls you out of the car at gun point and all that crap.

    THEY MAY TAKE OUR LIVES BUT THEY'LL NEVER TAKE OUR FREEDOM!!!!!

  5. #4
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    When pulled over, always keep BOTH hands on the wheel. Once the officer is at your windiow and asks for your ID, tell him/her that You have a LTC (if You want them to know). Then just follow their directions. You won't have too worry about being shot.
    Hey, I heard that the officer knows if you have a LTC. Once pulled over and they run your plate before they exit their vehicle. Can someone chime in on that one if it is true?
    (All the above are MY opinions/suggestions ONLY....AND, I like to bust ball's, it's called having a sense of humor. In other words, no intent to offend anyone, so get over it)

  6. #5
    New Hampshire cops are the most professional and respectful police officers I have ever came across.

  7. #6
    Yeah i know Mass i love my state i moved away for about 3 months and could not stand it i missed my state so much i came running back. Sambo thanks for the info. I do not in NH that is the case as when you fill out the permit paper work they do not ask for your plate number. They do ask for your Driver Number so i think when they run that it pops up on the computer. but again i am not sure as they do not put your driver number on the permit it's self. But i think thats how it works. Call your PD and ask as i would love to know also.

    THEY MAY TAKE OUR LIVES BUT THEY'LL NEVER TAKE OUR FREEDOM!!!!!

  8. #7
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    Well, I know I can ask the police. But this is what's fun about this forum, you get to ask questions here first and get to pick everyones brain (lol)! I find out though.
    (All the above are MY opinions/suggestions ONLY....AND, I like to bust ball's, it's called having a sense of humor. In other words, no intent to offend anyone, so get over it)

  9. #8
    I will ask next Friday if you do not have a information we all want lol. As i have a eight hour ride along with My PD on the night shift. So we will get what we want one way or another lol....

    THEY MAY TAKE OUR LIVES BUT THEY'LL NEVER TAKE OUR FREEDOM!!!!!

  10. #9
    OK well no one had the answer on the forums so as i said. I asked my PD tonight when i did the ride along. They said that if they run name/driver number with a local check (meaning there department data base) it will show up that you have a CCP. If some one out side of your towns PD that the permit was issued under runs you information it will not show up. They said they would have to cal the local PD and get the info that you have a permit.

    THEY MAY TAKE OUR LIVES BUT THEY'LL NEVER TAKE OUR FREEDOM!!!!!

  11. #10
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    Quote Originally Posted by S&WM&P40 View Post
    Yeah i know that. I have a LTC so that no big deal i just wanted to make sure i was reading this law right. I have not started to carry yet but i am still in fear. Of Carrying in a car as what if a cop pulls you over and you reach over to get your info and he sees a gun and shoots you? Or pulls you out of the car at gun point and all that crap.
    If this happens, make sure you have his information and sue his ass.

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