NH Supreme Court Overturns Regs Limiting Non-Resident Carry

(courtesy ammoland.com)

Press release from the Association of New Jersey Rifle & Pistol Clubs [via ammoland.com]:

In a 2013 lawsuit brought by Association of New Jersey Rifle & Pistol Clubs (ANJRPC) and its Executive Director Scott Bach, the New Hampshire Supreme Court today unanimously invalidated an administrative regulation preventing non-residents from qualifying for a New Hampshire carry license unless they have a carry permit from their home state. The regulation unfairly discriminated against residents of states like New Jersey, which make it difficult or impossible to obtain a home state permit. In its unanimous decision, the court opined . . .

“By requiring nonresidents to submit proof of their resident state licenses, the administrative rules effectively import into New Hampshire law requirements different from those set forth in RSA 159:6- namely, those requirements that residents of other states must satisfy in order to obtain a concealed-carry license in their home states.”

“It is indeed ironic that on the same day the New Jersey legislature is holding hearings to restrict right to carry as much as possible, our neighbors up north have recognized more rights for New Jerseyans than their own state recognizes at home,” said ANJRPC Executive Director Scott Bach, who is lead plaintiff in the case.

“ANJRPC remains unwavering in its commitment to fully restore right to carry in the Garden State,” said ANJRPC President Kathy Chatterton, “but we will also protect New Jerseyans’ Second Amendment rights in other states when feasible, and that is exactly what we have done here. “

The decision reopens the door to obtaining New Hampshire non-resident carry licenses for all New Jerseyans and residents of other states that make it difficult or impossible for their residents to obtain home state carry permits.

The appeal in this case was handled by attorney Daniel Schmutter. The case was originally brought by attorney Evan Nappen. Funding assistance was provided by the NRA Civil Rights Defense Fund.

Please watch for a subsequent alert addressing the specifics of how to properly apply for a New Hampshire non-resident carry license in light of today’s decision. For additional background on this case, see our original alert from 2013.

———–

About Association of New Jersey Rifle & Pistol Clubs: The Association of New Jersey Rifle and Pistol Clubs, Inc. is the official NRA State Association in New Jersey. Our mission is to implement all of the programs and activities at the state level that the NRA does at the national level. This mission includes the following: To support and defend the constitutional rights of the people to keep and bear arms. To take immediate action against any legislation at the local, state and federal level that would infringe upon these rights. Visit: www.anjrpc.org

comments

  1. avatar Rich says:

    Ugh i hate nj. If they dont approve carry soon imma move

    1. avatar Ralph says:

      If “soon” means within the lifespan of a Seychelles Giant Tortoise, I suggest that you start packing your bags.

    2. avatar Pascal says:

      Start looking for a home out of state now. Unless there is a SCOTUS ruling, it ain’t gonna happen and even then they will make it as difficult as possible.

    3. avatar NJ2AZ says:

      i recommend moving. came out here in 2008 and the only things i miss about new jersey are:

      1. widespread availability of taylor egg & cheese sandwiches

      end of list.

      1. avatar RG in FL says:

        ^This^

  2. avatar Rick in NH says:

    Live Free or Die! Just because your state (NJ, NY CA…) doesn’t believe in the 2nd Amendment doesn’t mean that NH agrees with that opinion. If you are not a prohibited person, NH welcomes your right to carry. Note that open carry is legal in NH, but being an East Coast state, open carriers are rarely seen outside the woods in hunting season. Please note that because selectmen in some towns approve Pistol Licenses, it is not legal to concealed carry on school grounds in NH.

  3. avatar Ralph says:

    I just renewed my nonresident NH Pistol/Revolver License, a month after I renewed my resident Massachusetts LTC. I had to provide NH with a copy of my resident license, and it bothered me that I had to do so. I guess it bothered the NH Supreme Court too.

    Now if the NH legislature can find a way to override Hassan’s veto of Constitutional Carry, the Granite State could live up to its motto. Live Free or Die, baby!

    OTOH, NJ’s motto is “Something Smells.”

    1. avatar Pascal says:

      Ralph,

      Do out of state applications still need to go to Boston in person in MA?

      1. avatar Ralph says:

        Yes. The applicant has to appear in person in Chelsea, MA.

        It’s a one-year license. The good news is that if the applicant has a resident license from his state, he should be approved for the nonresident MA license.

        MA doesn’t recognize any out of state licenses and has no reciprocity agreements in place.

        1. avatar Abacab says:

          Is MA still issuing heavily restricted permits to non residents? I missed the boat for mail in unrestricted by about 6 months a long time ago.

  4. avatar FedUp says:

    So, this time, the answer to Live Free or Die is Live Free.
    Sometimes in NH, it’s Die.

    NH isn’t NJ, but it isn’t Vermont either.

  5. avatar Geoff PR says:

    O.K., just *how* does a resident of NJ who wants to carry in NH supposed to transport their carry gun out of NJ for their next road trip to the ‘Shire’?

    1. avatar Ralph says:

      In a ventilated locked metal container labeled “Puppies.”

      1. avatar Geoff PR says:

        Well, when it ‘speaks’, it’s in short, angry barks…

        🙂

        1. avatar Mr. Antisocial Guy says:

          I’ll bet it also has a nasty bite to it too. 😉

  6. avatar Mikial says:

    So, how difficult is it to get a NH non-resident carry permit?

    1. avatar Ralph says:

      Very easy. If your record is clear and you have $100, you’re in.

      1. avatar Mikial says:

        Thanks, Ralph.

    2. avatar JOE MATAFOME says:

      One of the easiest permits I ever received. Go to their web site and print out the best application you’ll ever see. No fingerprint card or photo required. Mail it out and you’ll have your permit in 4-6 weeks. PA was even easier, but I did have to wait 14 minutes for the license making machine to warm up. I got there a bit early and waited for them to open the door. Very friendly staff.

      1. avatar Mikial says:

        Thanks, Joe.

      2. avatar Ralph says:

        MY MAN JOE!!!!!

      3. avatar gs650g says:

        Pa now requires you to have a permit from your home state before you can get a non resident permit.

  7. avatar Ken says:

    I recently got my Utah permit with the same requirement. How is it different?

    1. avatar bobmcd says:

      The difference is that Utah only requires proof of home-state permit if that state has reciprocity with Utah:

      “If you reside in a state that recognizes the validity of the Utah CFP or has reciprocity with Utah, you must obtain a CFP or CCW from your home state and submit a copy of it with your application for a Utah permit.” (from the Utah BCI website)

      Since New Jersey and Utah do not have reciprocity and New Jersey does not recognize Utah permits, Utah does not require a New Jersey resident to show a (nearly unobtainable) New Jersey permit.

    2. avatar JOE MATAFOME says:

      Utah only makes you show your home state permit if your state doesn’t accept their permit. If you live in a state that accepts the Utah permit, then you must show your home state permit. I found it kind of strange. NH’s rule was overturned before it violated a current state law that violated our rights.

  8. avatar Libertarian says:

    The golden goal at this thematic is to remove hasslan white an conservative/libertarian view person (me ? *g*)

    http://www.guns.com/2016/05/31/new-hampshires-governor-again-vetoes-constitutional-carry-legislation/

    I think shall issue non residents white out homestate permit is not enough an still an infrigment (taxes) >> do shall issue for all, remove honoring only home states ccw”s and if you cant get constitunal carry try it white unlicensed car carry.

    Now lets hope this get signed as compromissed for the moment in 2016

    HB 512 Emergency
    HB 500 Suppressor Hunting
    SB 336 Real Shall Issue Permits

  9. avatar Joe says:

    Yeah except our bitc# hoss teeth governor vetoed Constitutional carry AGAIN!

    1. avatar Sean says:

      It’s just Haggie being Haggie.

  10. avatar Jay in Florida says:

    I cant believe I just wasted a few minutes I will never get back. Reading that document is such a bunch of mumble jumble. There is no way to understand 99% of it when a simple yes or no is all that was/is needed.
    No wonder I still hate lawyers as a rule generally……..

  11. avatar LHW says:

    Now get rid of the permits.

  12. avatar Geoff says:

    A lot of good THAT will do.
    A non-resident NH carry permit is not recognized in NJ, or quite few other States.
    www usacarry com/concealed_carry_permit_reciprocity_maps.html
    Select New Hampshire, select non-resident.
    Red States do not recognize that permit.

  13. avatar gs650g says:

    The AG in PA did the same thing. Let this be a lesson about allowing an AG latitude when legislation is passed. Va had the same problem with their overseers

  14. avatar Geoff says:

    New Jersey also DOES NOT recognize a permit from all 49 of the other States.
    Stay out of Newjersistan.

  15. avatar Docduracoat says:

    Florida issues concealed carry permits to non residents
    Must submit to full criminal background check and supply notarized fingerprint card and recent passport photo

Write a Comment

Your email address will not be published. Required fields are marked *

button to share on facebook
button to tweet
button to share via email