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Conference foundr::firearms

Title:God made man, but Sam Colt made men equal
Notice:Welcome to the firearms conference!
Moderator:PEAKS::OAKEYIN
Created:Tue Mar 04 1986
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:6616
Total number of notes:49869

6606.0. "Pistol ownership requirements" by JANVAX::NERL (John Nerl) Sun Apr 06 1997 17:57

    I'm interested in buying a pistol (.22 cal Colt Huntsman) from my dad
    and have a couple of questions I'm sure someone in this conference can
    answer.  Both my dad and I live in NH.  What do I/we need to do to
    transfer ownership - ie: registration, filings etc?  I'd also like to
    be able to carry the pistol with me while in the woods - holstered.  I
    assume this qualifies as concealement.
    
    Can anyone tell me what the rules are regarding permits, fees etc with
    owning this gun?
    
    thanks in advance, John
    
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6606.1FABSIX::J_SADINFreedom isn't free.Sun Apr 06 1997 19:318
    
    
    	see a local gun store (or friendly FFL person) to do the pistol
    transfer paperwork for you (it'll cost $10 or so). You will need a
    pistol permit to carry concealed. See your local CoP or Sheriff for
    details on paperwork.
    
    jim
6606.2BIGHOG::PERCIVALI'm the NRA,USPSA/IPSC,NROI-ROMon Apr 07 1997 12:5014
          <<< Note 6606.1 by FABSIX::J_SADIN "Freedom isn't free." >>>

    
>    	see a local gun store (or friendly FFL person) to do the pistol
>    transfer paperwork for you (it'll cost $10 or so).

	Has New Hampshire law changed THAT much???

	I would have thought that with both parties living in NH, the
	transfer procedure would be: Dad hands pistol to son, son says
	"Thanks, Dad", end of transaction.

Jim

6606.3Concealed carry is a good bet.NPSS::WALTHALLMon Apr 07 1997 15:4919
    Hi,
    
    I'd also like to be able to carry the pistol with me while
    in the woods - holstered.  I assume this qualifies as concealement.
    
    
    NOT!
    
    Concealed is inside the pants, under your jacket, inside a boot etc.
    -not the standard hip holster.
    
    But I do recommend getting the concealed carry permit. In the future
    we hope that it will become recognized through out the U.S.A. and you
    won't have to re-apply (or worrying about whether you're gun is
    showing!)
    
    -tom
    
    to "travel" to different states
6606.4fine lineJANVAX::NERLJohn NerlMon Apr 07 1997 16:528
    Since I normally wear a fairly long jacket while hunting, I suppose it
    could be considered concealed by the jacket...
    
    I'll get the permit.
    
    Thanks for the replies.
    
    john
6606.5Get the Permit FirstMK1BT1::MORIN_JMon Apr 07 1997 19:415
    You might want to get the Pistol Permit first. When I bought mine the
    gun shop owner told me that if I had the permit when I came in. He would
    not of to had hold the gun or call the Police Chief of my town to clear
    me. You can do it either way. But it's goes faster if you have the
    permit when do the transfer at the gun shop. 
6606.6PEAKS::OAKEYMon Apr 07 1997 20:2714
Whoa, I really don't think you need to do the transfer via an FFL in New
Hampshire!  Now Mass is a different story; my guess is that most of the people
talking about doing FFL transfers are from Mass -- are you?

Please verify that an FFL transfer is required (I don't think it is) before you
do any paperwork.  Not only will it save you money, but the less paper on a
firearm the better, IMHO...

Here in Colorado a transfer would be as Jim described, eg.  "Thanks Dad." I
beleive it to be the same in New Hampshire...

                      Roak

Ps.  Getting a carry permit is a different, unrelated issue.
6606.7who to ask?JANVAX::NERLJohn NerlTue Apr 08 1997 00:217
    > Please verify that an FFL transfer is required (I don't think it
    > is) before you do any paperwork
    
    any suggestions who to ask?  Local police, gun shop, ATF?  I would guess
    that the local police may not know the law on that, and a gun shop may
    be "biased" on the issue.  ATF may not be up on the state laws...
    
6606.8BIGHOG::PERCIVALI'm the NRA,USPSA/IPSC,NROI-ROTue Apr 08 1997 00:2518
                 <<< Note 6606.7 by JANVAX::NERL "John Nerl" >>>

>    any suggestions who to ask?  Local police, gun shop, ATF?  I would guess
>    that the local police may not know the law on that, and a gun shop may
>    be "biased" on the issue.  ATF may not be up on the state laws...
 
	You could call the State Attorney General's Office. You're dealing with
	State law (there is no Federal restriction on in State, private
	transactions).

	Or you could call a gun store asking, "Could you tell me what,
	if any, restrictions there are in NH on private transfers of
	a pistol?"

Jim

   

6606.9NH does not require FFL for resident transfers.NPSS::BUZYNSKITue Apr 08 1997 11:156
        Unless they slipped something through while I was sleeping, you do not
        need a FFL for private sale or transfer between New Hampshire
        residents. Call GONH.
    
        John
    
6606.10FABSIX::J_SADINFreedom isn't free.Tue Apr 08 1997 11:165
    
    
    	sometimes it's nice to be wrong. :)
    
    
6606.11more infoJANVAX::NERLJohn NerlTue Apr 08 1997 11:34178
    Pulled this off the NRA Website.  Unfortunately, the following
    paragraph, contained in the "purchase" section below, is misleading.
    
The purchaser must sign and deliver to the dealer a statement containing his
full name, address and nationality, the date of sale and the caliber, make,
model and serial number of the handgun to be purchased. Within seven days
the seller must send one copy to the mayor or chief of police and must
retain the other copy for one year.
    
    If I don't need to go through a dealer, why do I have to do the above?
    
    
    
    
New Hampshire: State Firearms Laws

(As of September, 1995)

PLEASE NOTE: In addition to state laws, the purchase, sale and (in certain
circumstances) the possession and interstate transportation of firearms is
regulated by the Gun Control Act of 1968 as amended by the Firearm Owners'
Protection Act. Also, cities and localities may have their own firearms
ordinances in addition to federal and state laws. Details may be obtained by
contacting local law enforcement authorities, and by consulting the State
Laws and Published Ordinances--Firearms, available from the U.S. Government
Printing Office, Washington D.C. 20402.

Quick Reference Chart

                          Rifles and
                          Shotguns     Handguns
                          _____________________
Permit to Purchase           No         No
Registration of Firearms     No         No
Licensing of Owner           No         No
Permit to Carry              No         Yes

State Constitutional Provision on Firearms

"All persons have the right to keep and bear arms in defense of themselves,
their families, their property, and the state." Part 1, Article 2-a

Possession

There are no state licensing requirements for the possession of rifles,
shotguns or handguns.

It is unlawful for any person who has been convicted of a felony to own,
possess or control any firearm.

Purchase

There are no state licensing requirements for the purchase of any rifle,
shotgun or handgun.

It is unlawful to sell any firearm to:

  1. Any convicted felon;
  2. To sell or give a handgun to a minor, unless the gift is from a parent,
     guardian or executor to a child, ward or heir.

The purchaser must present clear evidence of his identity to the seller. In
the case of a non-dealer transaction, the purchaser must be personally known
to the seller.

The purchaser must sign and deliver to the dealer a statement containing his
full name, address and nationality, the date of sale and the caliber, make,
model and serial number of the handgun to be purchased. Within seven days
the seller must send one copy to the mayor or chief of police and must
retain the other copy for one year.
    
Carry

It is unlawful to carry a loaded handgun in any vehicle or concealed about
one's person without a license. Exceptions to the above prohibition are:

  1. Carrying one's dwelling, house or place of business.
  2. Law enforcement and military personnel when on duty.
  3. Organizations authorized by law to purchase or receive firearms.

A person shall not knowingly carry or have in his control any firearm in a
courtroom or area used by a court. This shall not apply to authorized
persons, police officers, and security guards.

A person may carry a handgun openly upon his person or unloaded and exposed
or locked up in a vehicle without a license to carry.

To obtain a license to carry, a person must apply to the selectmen or mayor
or chief of police of the town where he is a resident. The selectmen or
mayor or chief of police shall issue a license to the applicant authorizing
him to carry a handgun if:

  1. The applicant has good reason to fear an injury to his person or
     property; or
  2. Has any other "proper purpose" (such as hunting or target shooting);
     and
  3. He is a suitable person to be licensed.

The fee for the license is $10.00 and the license is valid for not more than
four years. The license shall be in duplicate with one copy held by the
licensee and one copy held by the issuing officer.

The license must be issued within 14 days of application. If the application
is denied the reasons for the denial must be stated in writing and delivered
to the applicant.

A non-resident may obtain a license to carry by applying to the director of
state police. He must meet the requirements as outlined above and pay a fee
of $20.

It is unlawful to carry a loaded rifle or shotgun in or on any motor
vehicle, power boat or airplane.

Antiques and Replicas

Antiques, defined as any handgun "utilizing an early type of ignition," such
as flintlocks, percussion and pin fires, are exempt from the above
regulations. No handgun which utilizes center-fire or rim-fire cartridges
will be considered an antique.

Machine Guns

In the absence of any state law governing automatic weapons, Federal law
controls the registration and regulation of machine guns in New Hampshire.

Miscellaneous

It is unlawful to change, alter, remove or obliterate the name of the maker,
model, serial number or other mark of identification on any handgun.
Possession of a handgun with its marks altered creates a legal presumption
that the possessor committed the offense.

It is unlawful to discharge a firearm on the land of another within 300 feet
of a permanently occupied building without the permission of the owner.

It is unlawful to discharge a firearm from or across a public highway,
including the rights of way of a highway, in pursuit of wild birds or
animals.

A person who commits or attempts to commit any felony when armed with any
firearm shall be guilty of a class B felony and of a class A felony for any
subsequent offense. A person convicted of the felonious use of a firearm
shall, in addition to the punishment for the underlying felony, be given a
minimum mandatory sentence of 1 year for a first offense and 3 years for any
subsequent offense. Neither the whole nor any part of such additional
sentence shall be suspended nor served concurrently with any other sentence.

A person who uses or attempts to use Teflon coated or armor-piercing or
exploding ammunition in the course of any misdemeanor or felony shall be
guilty of a separate felony.

Caution: State firearms laws are subject to frequent change. The above
summary is not to be considered as legal advice or restatement of law. To
determine the applicability of these laws to specific situations which you
may encounter, you are strongly urged to consult a local attorney.

                    Compiled by:
          NRA Institute for Legislative Action
                11250 Waples Mill Road
                Fairfax, Virginia 22030

   (c)  1995, NRA Institute for Legislative Action.

NS3N 1083                             Rev. 9/95 5M


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From: "Nerl, John" <Nerl@EXCHANGE.eng.pko.dec.com
To: "'nerl@janvax.eng.pko.dec.com'" <nerl@janvax.eng.pko.dec.com
Subject: FW: NH rules
Date: Mon, 7 Apr 1997 20:41:34 -0400
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6606.12Not LegalEPS::BIONDIGuns, The Teeth of LibertyTue Apr 08 1997 15:546
    I've had it hammered into me that it is a felony to transfer handguns
    between private parties in NH.  To put it exactly, "There is no such
    thing as a private sale of handguns in NH.  This was told to me by two
    dealers, one in particular that I usually deal with.
    
    - - - - - - - - - - - - - - - - - - - - - - -X
6606.13PEAKS::OAKEYTue Apr 08 1997 15:5718
Re: <<< Note 6606.11 by JANVAX::NERL "John Nerl" >>>
    

>>The purchaser must sign and deliver to the dealer a statement containing his
>>full name, address and nationality, the date of sale and the caliber, make,
>>model and serial number of the handgun to be purchased. Within seven days
>>the seller must send one copy to the mayor or chief of police and must
>>retain the other copy for one year.
    
>>    If I don't need to go through a dealer, why do I have to do the above?

That's for dealer sales only; that's the Brady law requirements.  If you were
buying from a dealer, that's what you'd have to do.  I'll have to check the NRA
web page and see if they break out private sales (they should if they don't),
which is what you're doing.  Brady does not apply to private sales (through the
antis would like it to, to raise the cost of firearms even more).

                           Roak
6606.14PEAKS::OAKEYTue Apr 08 1997 16:0518
Re: <<< Note 6606.12 by EPS::BIONDI "Guns, The Teeth of Liberty" >>>

>>    I've had it hammered into me that it is a felony to transfer handguns
>>    between private parties in NH.  To put it exactly, "There is no such
>>    thing as a private sale of handguns in NH.  This was told to me by two
>>    dealers, one in particular that I usually deal with.

Though I'm not saying you're wrong, I think this is highly unlikely.  It would
have had to have passed in the last (how long has this file been going?) 12
years without any activity in the file talking about it....

Asking dealers and police about transfers is an iffy proposition since dealers
like to make money and most police are horribly uninformed when it comes to
firearas law (arrest first and let the courts sort 'em out mentality).

Please note I'm not saying ALL dealers or ALL police!

                            Roak
6606.15PEAKS::OAKEYTue Apr 08 1997 16:4911
Re: <<< Note 6606.11 by JANVAX::NERL "John Nerl" >>>

>>Purchase

>>There are no state licensing requirements for the purchase of any rifle,
>>shotgun or handgun.

Bingo.  That means that only federal law applies, and federal law does not
address private sales.

                    Roak
6606.16Live free or die ZEKE::SMITHTue Apr 08 1997 17:1111
    
     I bought a nice S&W N frame 357 off a retired police officer about
    2 years ago.   I gave him $150 cash, he gave me the pistol and a bill
    of sale for both of us to keep...   (both NH residents)
    
      Nice & simple, just the way I like it.
    
       I hope it hasn't changed......   
    
     George
    
6606.17no registration required!JANVAX::NERLJohn NerlTue Apr 08 1997 18:3720
    Upon a recommendation from one of the folks who replied to this note,
    I spoke with Corky Towle about the whole issue, and here's what he had
    to say...
    
    I do not need to register it. 
    
    
    I also called the Attorney General's office, and their response was:
    
    RSA Chapter 159:9 regarding record of sale of pistols and revolvers:
    On 3/7/96, the Senate passed bill 501, which repealed the requirement
    for keeping records of sales of pistols and handguns.  The law was
    activated on 5/7/96.
    
    Bottom line, you (I) do not need to register a handgun acquired through a
    private sale!
    
    Thanks for all the interest and help!
    
    john
6606.18Please consider a courseTALLIS::MARRATue Apr 08 1997 18:4012
    if this is your first pistol/handgun I strongly recommend that you take
    a handgun safety course.  Wolf firearms in Manchester regularly hold
    the NRA Personal Protection Course, and the Nashua Fish & Game
    Association regularly holds this and many other enhanced courses for
    handgun users.
    
    Please contact phelan@nfga.org or winter@nfga.org or see www.nfga.org
    for more information concerning courses offered there.
    
    						.dave.
    
    
6606.19RUSURE::ZAHAREEMichael W. Zaharee, KE1EBTue Apr 08 1997 20:0326
    re .17
    
    > I also called the Attorney General's office, and their response was:
    > 
    > RSA Chapter 159:9 regarding record of sale of pistols and revolvers:
    > 
    > On 3/7/96, the Senate passed bill 501, which repealed the requirement
    > for keeping records of sales of pistols and handguns.  The law was
    > activated on 5/7/96.
    > 
    > Bottom line, you (I) do not need to register a handgun acquired through a
    > private sale!
    
    While this is technically correct it is somewhat misleading as I don't
    think they changed the requirment that the seller know personally the
    purchaser.  Unless they changed that, in NH, for private sales, it is
    illegal to offer a handgun for sale to someone you do not know
    personally.  The "Thanks Dad" is all that is necessary in your case but
    selling to someone you don't know would be the case where the seller is
    in trouble.  
    
    I seem to recall, many years back, transfering a pistol from my Dad
    through an FFL but he was out of state and the FFL in question only
    wanted $5 for his efforts.
    
    - M
6606.20STAR::BUDAI am the NRATue Apr 08 1997 20:1320
RE: Note 6606.12 by EPS::BIONDI

.    I've had it hammered into me that it is a felony to transfer handguns
.    between private parties in NH.  To put it exactly, "There is no such
.    thing as a private sale of handguns in NH.  This was told to me by two
.    dealers, one in particular that I usually deal with.

Speaking as a New Hampshire dealer (like it means that much! :-))  I
would be VERY interested in hearing the dealers that you have been
talking to.  I would suggest that they re-read the law or were trying to
steal money from people... :-)

You do NOT need to do ANY paperwork to transfer a gun from a NH resident
to a NH resident in NH.

It would be wise to create a bill of sale which expresses all pertanent
information, signed by buyer ,in case of a problem proving ownership
later on.

	- mark
6606.21STAR::BUDAI am the NRATue Apr 08 1997 20:1613
RE: Note 6606.18 by TALLIS::MARRA

.    if this is your first pistol/handgun I strongly recommend that you take
.    a handgun safety course.  Wolf firearms in Manchester regularly hold
.    the NRA Personal Protection Course, and the Nashua Fish & Game
.    Association regularly holds this and many other enhanced courses for
.    handgun users.

These courses are worth every penny, they cost.  I would strongly
suggest that you invest the time in them.  For those in ZK, I have been
known to give courses locally at lunch time (pistol, rifle, shotgun, PP)

	- mark