NH Supreme court rules gun without bullets is not loaded.....

[jpk1md]

NH Supreme court rules gun without bullets is not loaded.....

I know, this sounds like a no brainer and for all of us it us........but Manchester's finest and an overzealous AG's office went full retard again and attempted to convict a man for possession of a loaded gun......when the gun had no ammo in it but was in proximity to a mag that contained bullets.

Thankfully the NH Supreme Court affirmed what everyone else with the prerequisite two brain cells required to form a synapse had already concluded.....no boolits in gun =not loaded

The context of the case arises from the driver not having a CCW and NH law prohibiting possession of a loaded handgun in a car without a CCW

There have been a number of cases on this around the country in years past.

Next time you're in NH you can rest assured that a gun that doesn't have any ammo in it is in fact actually not loaded......

What this means from a practical perspective is that NH "almost" has Constitutional Carry.......you can now carry an unloaded firearm concealed with a mag in your pocket.

http://www.unionleader.com/article/20130807/NEWS03/130809449

http://www.courts.state.nh.us/supreme/opinions/2013/2013057dor.pdf

 

[BigSteve57]

This source makes it sound a bit different. According to this source the law has the word "with" in the context of being loaded.

The NH law supposedly prohibits people from carrying a loaded weapon in a vehicle or concealed on their body without a license, and defines loaded to be any gun “with a magazine, cylinder, chamber or clip in which there are loaded cartridges.”

It sounds like they were trying to get a definition of "with" which is a very vague term indeed.

REF:
http://www.nashuatelegraph.com/news...-supreme-court-defines-loaded-weapon-law.html

 

[kohburn]

This source makes it sound a bit different. According to this source the law has the word "with" in the context of being loaded.

The NH law supposedly prohibits people from carrying a loaded weapon in a vehicle or concealed on their body without a license, and defines loaded to be any gun “with a magazine, cylinder, chamber or clip in which there are loaded cartridges.”

It sounds like they were trying to get a definition of "with" which is a very vague term indeed.

REF:
http://www.nashuatelegraph.com/news...-supreme-court-defines-loaded-weapon-law.html

makes more sense as to the origin of the confusion

 

[jpk1md]

makes more sense as to the origin of the confusion

The origin of the asshattery is 159:4 Carrying Without License....what does the word "With" mean.

The intent of the legislature is obvious.......it doesn't mean side by side or within 6 feet.....it means IN


"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"


Typical overzealous AG/Police trying to make criminals out of citizens

 

[hvymax]

The origin of the asshattery is 159:4 Carrying Without License....what does the word "With" mean.

The intent of the legislature is obvious.......it doesn't mean side by side or within 6 feet.....it means IN


"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"


Typical overzealous AG/Police trying to make criminals out of citizens

All Civvies are criminals waiting to be charged with something.

 

[EL1227]

Why NOT ???

If an evil black rifle is 'known' to jump up and kill someone by it's own volition, why could it 'automagically' attract and load a magazine in close proximity ?

Next up for liberal NH logic ... lose rounds can 'automagically' insert themselves into empty magazines.

jpk1md ...

I thought you guys up there in the "Live Free or Die" state fixed all of this liberal legislature nonsense ? I know, MA imports ... or worse MD imports.

 

[BigSteve57]

Problem is, language matters. Just wait until SB281 hits here.

 

[jpk1md]

If an evil black rifle is 'known' to jump up and kill someone by it's own volition, why could it 'automagically' attract and load a magazine in close proximity ?

Next up for liberal NH logic ... lose rounds can 'automagically' insert themselves into empty magazines.

jpk1md ...

I thought you guys up there in the "Live Free or Die" state fixed all of this liberal legislature nonsense ? I know, MA imports ... or worse MD imports.

The source of the problem as you can see was not the legislature but rather an overzealous manchester pd and an out of control AG's office

 

[fred2207]

The source of the problem as you can see was not the legislature but rather an overzealous manchester pd and an out of control AG's office

No, the real problem is; "the influx of libtards from MA over the last 50 years". Manchester is now a hotbed of libtards; "the Manchester prosecutor and many Manchester PD, are recent immigrants or kids of immigrants from MA”. At least that’s how my father in-law sees it… When I want to get his blood pressure up, I chide him on what has happened in MD is headed his way---gun control---income tax---sales tax---massive increase in gas tax, etc…

 

[jpk1md]

No, the real problem is; "the influx of libtards from MA over the last 50 years". Manchester is now a hotbed of libtards; "the Manchester prosecutor and many Manchester PD, are recent immigrants or kids of immigrants from MA”. At least that’s how my father in-law sees it… When I want to get his blood pressure up, I chide him on what has happened in MD is headed his way---gun control---income tax---sales tax---massive increase in gas tax, etc…

Manchester is and always has been a relatively liberal piss hole

Most of the political refugees from Mass that I know are some of the most ardent pro liberty/pro freedom/constitutional gov folks that I know.

If you look at the political map of NH the problem you'll also notice that the southeast quadrant of the state is also the most consistently conservative part of the state.......proximity to Mass has the opposite effect that one would think

So no, the problem isn't former residents of mass.....its folks with their hand out.....something you see in much greater concentration in urban areas

Again....the problem is once again an overzealous AG and police dept trying to criminalize otherwise peaceful/law abiding citizens

 

[jwhite407]

...it depends on what the definition of "is", is...

 

[Hopalong]

...it depends on what the definition of "is", is...

I think it's even more basic than that. What's the definition of "definition"?

I'm being only semi-sarcastic here. When we read a piece of law, are words held to the common language definition, or to some obtuse legal definition that needs a state supreme court ruling to clarify? Sadly, we live in a land where it's too often the latter.

 

[Jim Sr]

No, the real problem is; "the influx of libtards from MA over the last 50 years". Manchester is now a hotbed of libtards; "the Manchester prosecutor and many Manchester PD, are recent immigrants or kids of immigrants from MA”. At least that’s how my father in-law sees it… When I want to get his blood pressure up, I chide him on what has happened in MD is headed his way---gun control---income tax---sales tax---massive increase in gas tax, etc…

You forgot the infamies "rain tax."

 

[fred2207]

Manchester is and always has been a relatively liberal piss hole

Most of the political refugees from Mass that I know are some of the most ardent pro liberty/pro freedom/constitutional gov folks that I know.

If you look at the political map of NH the problem you'll also notice that the southeast quadrant of the state is also the most consistently conservative part of the state.......proximity to Mass has the opposite effect that one would think

So no, the problem isn't former residents of mass.....its folks with their hand out.....something you see in much greater concentration in urban areas

Again....the problem is once again an overzealous AG and police dept trying to criminalize otherwise peaceful/law abiding citizens

My father in-law would love the debate.... However, he would agree with your assertion on the southeast part of the state, with the caveat, “that it's slowly changing”. Being he is still a very active 89 year old political junky, I tend to believe him.

 

[john_bud]

The origin of the asshattery is 159:4 Carrying Without License....what does the word "With" mean.

The intent of the legislature is obvious.......it doesn't mean side by side or within 6 feet.....it means IN


"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"


Typical overzealous AG/Police trying to make criminals out of citizens

guess a unloaded pistol and a M1 garrand clip with rounds in it would be illegal? It doesn't seem to be specific that the magazine or clip needs to hold rounds for the pistol / revolver ! Silly law...

 

[hvymax]

It seems that anymore laws are written to be intentionally open ended. We have lawyers writing laws to force people to hire lawyers.

 

[ews25]

All Civvies are criminals waiting to be charged with something.

Concur

 

[Benanov]

The hilarity here is that an NH CCW is quite easy to get, per my friends in NH.

 

[Daiuy]

More reason to not go to New Hampshire.

 

[jpk1md]

More reason to not go to New Hampshire.

With logic like that please remain in Md and enjoy the CCW laws down there