MA causing wrongful private gun sale felony charges in NH

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Manedwolf

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MA needs to shut up and mind their own business. I hadn't seen this:

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Attorney Advises Caution in Private Party Handgun Sales
December 20, 2005

Perhaps as a result of pressure from Massachusetts, GO-NH attorney Penny Dean reports that an increasing number of individuals are facing felony charges for private sale of a handgun, under the provisions of RSA 159:10.

However, RSA 159:14 states, "None of the provisions of this chapter shall prohibit an individual not licensed under the provisions thereof who is not engaged in the business of selling pistols or revolvers from selling a pistol or revolver to a person licensed under this chapter or to a person personally known to him."

That is to say, you can legally sell a personal handgun to a New Hampshire resident whom you know or who has either a license to sell, or a license to carry.

It appears that certain jurisdictions are ignoring this exemption, or are demanding that the defendant prove their innocence in court at considerable expense.

Until this issue is addressed by the court, Ms. Dean recommends that anyone seeking to sell a personal handgun - particularly in urban southern New Hampshire - complete the sale through a firearms dealer. Or, if you do sell privately, get a copy of the individual's carry and drivers' license in case you have to prove that the buyer is a New Hampshire resident and that RSA 159:14 applies.
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I've only done a private handgun sale once in New Hampshire, but I got a copy of the buyer's driving license and he got one of mine. It was purely for CYA and neither of us so much as blinked about it. I find it hard to believe that anyone would make a sale without doing this.
 
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