Great letter. I commend you for your dignified and measured response. With respect to open carry, what are the conditions required for open carry? For example, how does one legally practice open carry in a vehicle? Thanks for the compliment, I appreciate it!
The controlling statute on vehicular carry is RSA 159:4, as follows:
159:4 Carrying Without License. – No person shall carry a loaded pistol or revolver in any vehicle or concealed upon his person, except in his dwelling, house or place of business, without a valid license therefor as hereinafter provided. A loaded pistol or revolver shall include any pistol or revolver with a magazine, cylinder, chamber or clip in which there are loaded cartridges. Whoever violates the provisions of this section shall, for the first such offense, be guilty of a misdemeanor. For the second and for each subsequent violation of the provisions of this section, such person shall be guilty of a class B felony, provided such second or subsequent violation has occurred within 7 years of the previous conviction.
In short, this means that a CCW is required in order to legally carry a loaded sidearm in a vehicle.
Sans license, this seems to be able to be taken two ways, depending on how you take the meaning of "with" - does a magazine with rounds in it in the glove box while the pistol is on your hip count as "a magazine with" the pistol?
Considering that "cylinder" and "chamber" are by definition attached to the firearm, and that an empty revolver with a speedloader sitting next to it would meet the requirements of this law, a colorable argument could be made that "with" means "inserted," that you don't have to pop all the rounds out of the mag every time you get in the car.
I don't have WestLaw access anymore, so I can't look up cases to this effect, but I'm sure there are a few here and there that would clarify this question, or if there's any firearms law experts around, they might be able to answer it.
I'm over in Londonderry and from my experience with the LPD I'm not gonna be carrying openly any time soon. I'm scared that I'll go down in a hail of gunfire if they see me carrying. It seems like everywhere you would go there would be citizens reporting you.
If you do not have the following info on NH License to Carry, please take it with my reguards.
I'm from Merrimack NH, have Concealed Carry Permit and pack all the time. This type of thing I've worried about and I've actually ran your type of senerio over in over in my head, what would I do in that case?
Oh, those police and detectives have just as much right to carry as we do. No different between police and us, except they cannot be everywhere. Otherwise, they have families, go out to eat and even go to the book store with their own concealed weapon and its a shame how they grilled you... their shame, they missed 'dozens of speeding tickets' (speeding inserted for humor) while wasting public time and tax dollars on a bogus call. Talk about a hole for terrorism... it should be a lecture for themselves on how they can be so easily diverted!
However here is some NH Statue information on License to Carry:
TITLE XII PUBLIC SAFETY AND WELFARE
CHAPTER 159
PISTOLS AND REVOLVERS
Section 159:6
159:6 License to Carry. –
I. The selectmen of a town or the mayor or chief of police of a city or some full-time police officer designated by them respectively, upon application of any resident of such town or city, or the director of state police, or some person designated by such director, upon application of a nonresident, shall issue a license to such applicant authorizing the applicant to carry a loaded pistol or revolver in this state for not less than 4 years from the date of issue, if it appears that the applicant has good reason to fear injury to the applicant's person or property or has any proper purpose, and that the applicant is a suitable person to be licensed. Hunting, target shooting, or self-defense shall be considered a proper purpose. The license shall be valid for all allowable purposes regardless of the purpose for which it was originally issued. The license shall be in duplicate and shall bear the name, address, description, and signature of the licensee. The original shall be delivered to the licensee and the duplicate shall be preserved by the people issuing the same for 4 years. When required, license renewal shall take place within the month of the fourth anniversary of the license holder's date of birth following the date of issuance. The license shall be issued within 14 days after application, and, if such application is denied, the reason for such denial shall be stated in writing, the original of which such writing shall be delivered to the applicant, and a copy kept in the office of the person to whom the application was made. The fee for licenses issued to residents of the state shall be $10, which fee shall be for the use of the law enforcement department of the town granting said licenses; the fee for licenses granted to out-of-state residents shall be $20, which fee shall be for the use of the state. The director of state police is hereby authorized and directed to prepare forms for the licenses required under this chapter and forms for the application for such licenses and to supply the same to officials of the cities and towns authorized to issue the licenses. No other forms shall be used by officials of cities and towns. The cost of the forms shall be paid out of the fees received from nonresident licenses.
II. No photograph or fingerprint shall be required or used as a basis to grant, deny, or renew a license to carry for a resident or nonresident, unless requested by the applicant.
Source. 1923, 118:6. PL 149:6. 1941, 172:1. RL 179:6. 1951, 151:3. RSA 159:6. 1959, 100:1. 1967, 220:4. 1977, 563:76. 1979, 355:1. 1993, 27:1; 203:1. 1994, 257:1; 257:2. 1996, 167:2, eff. Aug. 2, 1996. 2003, 90:1, eff. July 29, 2003.
From URL:
http://www.gencourt.state.nh.us/rsa/html/XII/159/159-6.htm