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Author Topic: Non resident Open Carry in NH  (Read 6571 times)

ben86

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Non resident Open Carry in NH
« on: January 30, 2014, 10:38:39 am »

We will be making the trip from Canada to check out the porcupine festival this summer. We are going to drive through upstate NY, Vermont, New Hampshire then over into Maine. I've been in contact with the NH state police and they will not issue non resident permits for concealed carry any longer but....

In answer to your question regarding Canadian citizens applying for a NH carry permit I apologize for the delay. The law changed in July 2013. Previously, a Canadian citizen could present a valid concealed carry permit for any US state and apply for a NH non-resident carry permit. Effective July 2013, the law changed and now requires the applicant to provide a copy of a valid concealed carry license from their resident state in order to apply for a NH Non-resident carry license.

This leaves no option for Canadian citizens to obtain a NH carry license.

 

NH is, however, an open carry state, so that anyone, resident or non-resident, may carry a loaded weapon on their person as long as it is in full view. The restriction is that it may not be concealed in any way such as under a shirt, jacket, in a back pack or while in a vehicle.

 

As far as reciprocity, NH does not have reciprocity agreements with any non-resident licenses. Our reciprocity agreements are for the residents of those states only.


I have left out the names of whom the email was from, it did come from someone at the NH state police.
What is needed for a non resident alien to carry? A hunting licence?
What about the other states? Locked in the trunk? Same as Canada?
According to this http://my.opencarry.org/?page_id=103 Vermont and Maine should also be no problem....

Any Insight would be helpful. I've never had the right to defend myself in this geographic area, but south of that invisible line, I may just be allowed!

Ben
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Auspicious Aspect

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Re: Non resident Open Carry in NH
« Reply #1 on: January 30, 2014, 12:07:27 pm »

We will be making the trip from Canada to check out the porcupine festival this summer. We are going to drive through upstate NY, Vermont, New Hampshire then over into Maine. I've been in contact with the NH state police and they will not issue non resident permits for concealed carry any longer but....

In answer to your question regarding Canadian citizens applying for a NH carry permit I apologize for the delay. The law changed in July 2013. Previously, a Canadian citizen could present a valid concealed carry permit for any US state and apply for a NH non-resident carry permit. Effective July 2013, the law changed and now requires the applicant to provide a copy of a valid concealed carry license from their resident state in order to apply for a NH Non-resident carry license.

This leaves no option for Canadian citizens to obtain a NH carry license.

 

NH is, however, an open carry state, so that anyone, resident or non-resident, may carry a loaded weapon on their person as long as it is in full view. The restriction is that it may not be concealed in any way such as under a shirt, jacket, in a back pack or while in a vehicle.

 

As far as reciprocity, NH does not have reciprocity agreements with any non-resident licenses. Our reciprocity agreements are for the residents of those states only.


I have left out the names of whom the email was from, it did come from someone at the NH state police.
What is needed for a non resident alien to carry? A hunting licence?
What about the other states? Locked in the trunk? Same as Canada?
According to this http://my.opencarry.org/?page_id=103 Vermont and Maine should also be no problem....

Any Insight would be helpful. I've never had the right to defend myself in this geographic area, but south of that invisible line, I may just be allowed!

Ben

That email says a couple of things that are not true. First, NH law on non-resident licenses did not change. What changed is the way that the Department of Safety has chosen to interpret and apply the law. The change was a unilateral administrative change and reversing it would likewise be a simple process, not requiring legislation. Second, there is no requirement that guns carried openly be "in full view," nor has the law been treated that way in court. Maybe the State Police would like to arrest people who do not meet this standard, but that is not the law. If you can see the gun, and tell that it is a gun, then it is being carried openly.

As far as being an armed foreign national in the US, federal law generally prohibits it without possessing a hunting license, unless you are a permanent resident or striking for citizen, or have at least expressed formal intent to do either of those. For some reason, federal officials do not enforce this law very often.

For example, many foreigners come to the US and rent guns at shooting ranges, have a great time, post pics and video, and go back home with a story to tell. ATF is fully aware of this practice, knows that this is illegal, but have chosen to ignore the law in this sort of situation. This is, however, not to say that the law is ignored in every instance. A Turkish family resident in Massachusetts are currently being prosecuted for being foreigners in illegal possession of guns, even though the purchases were made through licensed dealers and the federal background check system.
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