New Hampshire Open Carry

The rule

Open carry of a pistol, revolver, rifle, or shotgun is lawful in New Hampshire for any adult 18 or older who is not a prohibited person under state or federal law, without any license. Open carry has long been lawful in New Hampshire and is now expressly covered by the constitutional-carry language at RSA 159:6, III.

Statutory basis

RSA 159:6, III states that the availability of a license to carry "shall not be construed to impose a prohibition on the unlicensed transport or carry of a firearm in a vehicle, or on or about one's person, whether openly or concealed, loaded or unloaded, by a resident, nonresident, or alien if that individual is not otherwise prohibited by statute from possessing a firearm in the state of New Hampshire."

The "openly or concealed" phrasing puts open carry and concealed carry on equal statutory footing. SB 12 (2017) added this subsection. Before 2017, concealed carry of a pistol or revolver required a license, but open carry was already lawful without a license under New Hampshire practice.

Who may open carry

• Adults 18 or older.
• Residents, nonresidents, and aliens lawfully in the state. RSA 159:6, III expressly covers all three.
• Persons not prohibited under RSA 159:3 (the New Hampshire felon-in-possession ban, a class B felony) or under 18 U.S.C. 922(g) (the federal prohibited-persons list, which covers convicted felons, fugitives, unlawful drug users, persons adjudicated mentally defective or committed to a mental institution, and certain aliens, among others).

There is no New Hampshire minimum age above 18 for open carry of a pistol. Under federal law, 18 U.S.C. 922(x) makes it unlawful for a person under 18 to possess a handgun, with stated exceptions. The federal age to purchase a handgun from a licensed dealer is 21 under 18 U.S.C. 922(b)(1), which bars a dealer from selling a handgun to anyone under 21 and any firearm or ammunition to anyone under 18.

Vehicle open carry

Carrying a loaded pistol or revolver openly in a vehicle is lawful for non-prohibited adults under RSA 159:6, III, which expressly covers transport or carry of a firearm in a vehicle. A loaded long gun in a vehicle is generally lawful in New Hampshire, subject to the federal-area and prohibited-place rules and to Fish and Game regulations during hunting seasons.

Long guns: rifles and shotguns

Open carry of a long gun is lawful for non-prohibited adults. Chapter 159 historically addressed pistols and revolvers, and it imposes no state-law restriction on open carry of a rifle or shotgun in public.

Where open carry is prohibited

The same prohibited-place rules that apply to concealed carry apply to open carry:

• Courtrooms and areas used by a court. RSA 159:19 makes it a class B felony to knowingly carry a loaded or unloaded pistol, revolver, firearm, or other deadly weapon, whether open or concealed and whether licensed or unlicensed, in a courtroom or area used by a court. Firearms may be secured at the courthouse entrance by security personnel. It is an affirmative defense that no notice of the prohibition was posted at each public entrance.
• Schools. The federal Gun-Free School Zones Act, 18 U.S.C. 922(q), makes it unlawful to knowingly possess a firearm in a school zone, defined to include the area within 1,000 feet of school grounds. The statute lists carve-outs, including possession on private property not part of school grounds and possession by a person licensed by the state in which the school zone is located where the state verifies the licensee's qualification.
• Federal facilities. 18 U.S.C. 930 makes it unlawful to knowingly possess a firearm or other dangerous weapon in a federal facility, with exceptions for official duties and certain lawful purposes.
• Secured areas of airports and aircraft. 49 U.S.C. 46505 makes it a federal crime to have a concealed dangerous weapon that is or would be accessible in flight when on or attempting to board an aircraft, and to place a loaded firearm on an aircraft. This is the controlling federal aircraft-weapon statute, and TSA-screened sterile areas are governed by it and by FAA and TSA regulations.
• Posted private property. Refusing to leave after a request becomes criminal trespass under RSA 635:2.

Disorderly conduct, brandishing, and reckless conduct

While open carry is lawful in New Hampshire, the manner of carry can still create exposure under generally applicable statutes:

• RSA 644:2, Disorderly Conduct. A person can be charged who knowingly or purposely creates a hazardous condition in a public place by an action that serves no legitimate purpose, or who engages in fighting or in violent, tumultuous, or threatening behavior in a public place.
• RSA 631:3, Reckless Conduct. Recklessly engaging in conduct that places or may place another in danger of serious bodily injury is a misdemeanor, and a class B felony if the person uses a deadly weapon. RSA 631:3, V states that the act of displaying a firearm shall not, in and of itself and without additional circumstances, constitute reckless conduct.
• RSA 627:4, II-a is the self-defense warning provision. A person who responds to a threat that a reasonable person would consider likely to cause serious bodily injury or death by displaying a firearm or other means of self-defense with the intent to warn away the person making the threat shall not have committed a criminal act.

Routine, peaceful open carry, with the firearm holstered and the carrier going about ordinary business, does not by itself constitute disorderly conduct or reckless conduct in New Hampshire.

Practical implications

• Police-citizen encounters. New Hampshire has no duty to inform (see DUTY_TO_INFORM), but if open carry is visible to a responding officer, the officer will likely ask about it. A calm, controlled response is the common practical advice.
• Posted private property. The most common interaction for an open carrier in New Hampshire is being asked to leave a business that posts a no-firearms sign. Comply with the request. Refusing to leave after the owner or an authorized person personally communicates an order to leave is criminal trespass under RSA 635:2.
• Long-gun open carry in town. Lawful, but socially atypical. The carrier remains exposed to disorderly conduct (RSA 644:2) and reckless conduct (RSA 631:3) charges if the manner of carry is provocative beyond the firearm itself.

Comparison to concealed carry

There is no state-law preference for one mode over the other in New Hampshire. Both are equally lawful for non-prohibited adults under RSA 159:6, III. The optional pistol/revolver license under RSA 159:6 authorizes carry of a loaded pistol or revolver and is valid for not less than 5 years. Choice of mode is a personal and practical decision: concealment for a low profile, open carry for retention and access.