UPDATE on RSA 159:26
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Thread: UPDATE on RSA 159:26

  1. #1

    UPDATE on RSA 159:26

    Here is the law.

    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.

    I posted it before we talked about it and so on. Well here is the low down. After checking City code in my town i found this under the code for parks..

    Sec. 12-67. Disorderly conduct.
    (a) No person shall disturb the peace and good order in any park by fighting, quarreling or wrangling with loud voice or shouts, threatening by violence to the person or property of others, or engaging in riotous clamor or tumult.
    (b) No person shall congregate with others in a public place and refuse to comply with a lawful order of the police or the director to disperse or leave the park.
    (c) No person, except peace officers or other law enforcement officers, shall have or carry any pistol, switchblade, hunting knife, slingshot, dagger, metal knuckles or other dangerous weapons concealed on or about his person while in the park.
    (d) No person shall use obscene, profane or abusive language while in the park.
    (e) No person shall loiter in or near toilet buildings or parking areas.
    (Ord. No. 171, 10(A), 9-14-77)

    Now not looking to be the first test case i got on the phone. I called the RSA record room in Concord but they can only look up and read to me the law ( that i already know) they can not tell me what it means and so on. So they sent me over to the NH attorney generals office i talked with a staffer who asked what the law is ( she said she has no idea what the RSA's are) So i told he about it and then pulled it on and read the full thing. She then asked me what i wanted to know. I said I want to know what the STATE SAYS THIS LAW MEANS. Does the state read the law the same way as i did? This is the part i wanted to know.

    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.

    So by state law I'm legal to carry in the park as the city code is no longer good BY STATE LAW that over rides it with this rsa law. She was like UM UM IDK let me put you on the phone with a attorney so i was put on hold. I left a voice mail for the person and I'm waiting on a call back. The staffer read the law the same way as i did. Said yes this law kills that law and so on. I said I'm not looking to be the test case in court over this so i want it in color not black and white. The funny part was the RSA record room said they could only tell me what the RSA means if there was/had been a case that had gone to the High court of NH. I was like thank you but I'm not looking to be the test case. So i called the city hall nothing they said call the parks office. So I'm waiting so i can call them now.

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

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  3. #2
    Now the **** storm starts for me. I was told " keep in mind that if i was to do this CARRY in the park" That may be something the NH Attorney general would have to defend me in a court of Law. Then he went on to say what am i asking if it's legal or not? I said well not it's not a matter of it being legal or not as i have the RSA in front of me and BY STATE law it is legal to do so. I then went on to ask if there was any way to change the web site information and so on. I can't wait to get a letter saying my CCP has been pulled for this. ( trying to cause a upset or something..)

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

  4. #3
    OK got off the phone with the police department they looked it up and said i would have to call the city and get there stand on the matter. As it's not up to him to say yes or no. Then i got well why would you want to carry a gun in the park any way? I said well i don't it's just a need to know what law to follow should i follow what the state says is legal and is law. Or should i follow what the city says is law and legal and so on. So i contacted the city yet again and i got someone ( i had called like 3 times before and got nothing) i talked with a staff lady. She asked what i was looking for i told her i want to know what law to follow ( more words then that just don't feel like typing it word for word). She asked if i had a problem carrying a pistol and i said no. It's just a case of wanting to know is this legal or illegal (I WANT A YES OR NO). I read her the city code and then read II two of the RSA and asked again what one is legal. She took my name and number and said she will have the city attorney call me back. Here's hoping.

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

  5. It seems to me that you got your answer "maybe". Welcome to the wounderful world of the uninformed State and Local Government. The only way you will get a "yes or no" answer is to test it in court. But there is a bright side to all this, look at all of the exersize you received, by getting the "run-a-round".

    Good Luck

  6. #5
    Well no really i got no Answer from any one. The city never called me back and the state never called me back. I could care less about carrying my firearm in the park. I really do not have any plan's to do so. It's just a matter of what is the law?Whats Legal? They pass the bills and make them law and then have no idea if it's legal and over rides this law or that lol. I will have to call the ATG back today. What state are you from?

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

  7. #6

    Amazing !!!!

    hi S&W40 that was a pretty good read, i love your persistants ! what is your back ground ? my opinion is if they fell the need to pass bills like this then they should pass a bill to post signs everywhere ,to lit you know if you can carry how's that sound

  8. I had the same encounter, I wonder if it's the same town. Bottom line, you need to go to the board of selectmen and show them both laws. Per the lawyer I spoke with the town has NO AUTHORITY per the state statute to limit where you can carry. That said, i agree, I don't have the $$$ to be the test case. Seeing as I wasn't a resident of that town I wasn't in a position to make that push. Most likely you'd have to petition the selectman to address the bylaw.

  9. #8
    Quote Originally Posted by mvert View Post
    I had the same encounter, I wonder if it's the same town. Bottom line, you need to go to the board of selectmen and show them both laws. Per the lawyer I spoke with the town has NO AUTHORITY per the state statute to limit where you can carry. That said, i agree, I don't have the $$$ to be the test case. Seeing as I wasn't a resident of that town I wasn't in a position to make that push. Most likely you'd have to petition the selectman to address the bylaw.
    What town would that be?

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

  10. Kensington

  11. #10
    Quote Originally Posted by mvert View Post
    Kensington
    Oh, no this was Claremont.

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

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