Does this mean I can carry on a school with a CCW in NH?

[FIVETWOSEVEN]

18 USC 922 (q) includes exemptions for private property (i.e., you’re OK if your house is next to a school), for police officers on duty, for school-approved programs, and for unloaded guns in locked containers or locked gun racks. There’s also an exemption for people holding carry licenses, but only if state law requires that “before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license.” Unfortunately, New Hampshire state law (RSA 159:6) arguably does NOT make the cut, in part because town selectmen and city mayors can issue carry licenses, and they’re not “law enforcement authorities.” But even if your carry license was issued by a police chief, it doesn’t protect you, because our state law doesn’t meet the requirements of the federal law.

Can someone explain to me what this whole thing means? Especially whats in bold?

 

[swinokur]

Can someone explain to me what this whole thing means? Especially whats in bold?

That is part of the Federal Gun Free School Zone Act. BATFE has interpreted this to mean you must have a CHP from the state the school is in and that included a check to make sure you are authorized to carry. Most of those involve a criminal background check. Carrying on school property with an out of state license is therefore illegal, even if the state your in has reciprocity with your home state.

I don't read it that way but I'm not the BATFE. This means be careful carrying near a school on an out of state permit, even with reciprocity. Apparently NH law does not comply with the GFSZA which is where the bolded text comes from. As stated, if permits are not verified by a law enforcement background check or other procedure too make sure the person is legal to carry ,in NH you would be in violation of the GFSZA

I would say no to school carry in NH, even witha NH carry permit. Local police cannot charge you with this. It's a Federal violation and is usually not used as a single charge. It is usually tacked on to other charges

Clear as mud right?

 

[wishin]

I don't know NH gun law and not a lawyer, but IMO what that implies is that the CCW license is not just a rubber stamp. Since most States do a background check, it has been deemed sufficient and passed the test of time.

 

[Sam1911]

This letter (http://www.handgunlaw.us/documents/batf_school_zone.pdf) from the BATFE indicates how the law will be interpreted.

If you want to carry to/at a school, you must hold a carry license or permit from the state where that school is located.

If you are visiting a state which recognizes or reciprocates your carry license or permit from your home state (or some other state) you CAN'T carry in a school there.

More to your question, the law says that your permit is valid for school carry if your state runs a background check of some kind to make sure that you are lawfully allowed to have/carry a gun. There are some states that would issue a "rubber stamp" permit that even a "prohibited person" could obtain. (Why they'd bother and not just go to "Constitutional Carry like VT, AK, or CO, I don't know.) A good example would be the one you give in which a Selectman, Mayor, or other official who could simply choose to give you a permit without submitting you to any legal eligibility review. Those permits would not meet the requirements of the GFSZA.

The New Hampshire State Code, Title XXII says in "Section 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.

It surely does appear that the permit is granted based on opinion of character/suitability alone, so it certainly does not seem to meet the GFSZA criteria.

 

[FIVETWOSEVEN]

So to summarize I can carry on NH school grounds being a NH resident with a Carry Permit?

 

[Sam1911]

No. Read that again. To summarize, the NH permit does not seem to meet the requirements of the GFSZA.

Because the permit is given without a background check to see if you're even legal to own a gun, it doesn't qualify you to carry on school grounds -- according to the law.

 

[FIVETWOSEVEN]

What if I requested a check and they complied?

 

[swinokur]

The law is the final rule. I doubt seriously they would do it. They cannot treat individuals according to people's whims. The law needs to be changed.

You can lock your weapon in the trunk unloaded to comply

I would not carry on or within 1000 feet of a school if it were me. The NH law does not comply with the GFSZA as written

My .02