What would your gun rights be like in a free state?

Liberty in Our Lifetime

We don’t want to wait decades for most American citizens to realize that the nanny state is an insult to their dignity. For those of us who already understand the debilitating effects of a government bent on reducing liberty rather than increasing it, the Free State Project offers the potential for real liberty within our lifetimes. The project aims at the achievable goal of liberty in a single state where all can live free.

Dick Heller (of DC v. Heller fame) is a Free-Stater!

How would your life change in a free state?

"All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state." -- New Hampshire Constitution Article 2-A

In New Hampshire, you can buy any gun without a permit to purchase (except for a machine guns; New Hampshire does not regulate machine gun possession, but federal law does).  New Hampshire does not ban private sales between individuals and no background check is required for such sales.  You may carry a pistol openly anywhere except courtrooms without a license, and in New Hampshire, many choose to take advantage of this right.  Should you choose to conceal, the license is shall-issue and by law must be issued to you within 14 calendar days of your application.  The license costs $10 and is good for 4 years.  There is no central database of concealed carry license holders in New Hampshire.  Each individual locality keeps their own records.  There is no minimum age to attain a license.  By state law, no fingerprinting or photo may be required to obtain a license to conceal.

For more information, see Free State Blogs' Frequently asked questions regarding gun laws. 

Also see this video about Free Staters helping each other build a gun range.  You can see the finished product in this video.

Progress

2011

New Hampshire now has full so-called "Castle Doctrine" protection.  While the law already protected the right of self defense in one's home without a duty to retreat, Senate Bill 88, which became law after being passed by veto-proof majorities of both houses, protects the right to self defense in any place a person has the right to be.  There is no duty to retreat from an encounter.  In addition, Senate Bill 88 provides civil protectsion to those who use lawful, defensive force.  Read the bill here.

2010

New Hampshire becomes the first state to legalize all knives in one fell swoop and the second to re-legalize switchblades.  The governor signed HB 1665, a bill that had passed the House and Senate unanimously.  HB 1665 was introduced and sponsored by a free stater who had gotten elected to the New Hampshire House of Representatives.  It is no exaggeration to say that if the Free State Project did not exist, automatic knives would still be illegal in New Hampshire. To see an interview with the sponsor of the "knife freedoms" bill, click here.

2008

In 2008, the New Hampshire legislature defeated a bill to ban guns in the state house.  The vote was 279-19 in favor of maintaining the rights of individuals to carry in the state house.  Individuals may still carry openly in the state house without a license or concealed with a license.  Can you carry in your state house?

The most amazing thing about this story is how many people showed up to protect their rights.  The public hearing was packed to the rafters and Representative Kjellman (D-Henniker) - the sole sponsor of the bill - was the only person in the packed room to speak in favor of the bill.  Dave Ridley has coverage of this show of force.  -- Part 1 -- Part 2 -- Part 3 --

Anti-gun Rep. Kjellman subsequently lost her Democratic primary race.  Apparently no one sent her the memo: even among Democrats, gun control does not fly in New Hampshire.

The same message was sent when 500-600 gun owners packed the state house to protect their gun rights and watch the senate judiciary comittee unanimously reject a bill that would have weakened New Hampshire's carry law.  Coverage here. 

2007

In 2007, the New Hampshire legislature defeated a bill that would change the concealed carry licensing statute to allow the issuing authority to deny a license to anyone "the official reasonably believes to be a member of a terrorist or criminal organization" That bill was unanimously rejected by the Senate Judiciary Committee before an overstuffed hearing room and a jam-packed Hall of Flags. See the video here

2006

Free-Stater David Ridley believes strongly in the importance of the Second Amendment of the US Constitution, and the stronger and more clearly-worded New Hampshire Constitution. Dave was troubled by news reports that, in the wake of hurricane Katrina, various government agencies confiscated guns from law-abiding people -- at precisely the time when they needed most to defend themselves from looters.

Dave contacted several 2nd-Amendment groups in New Hampshire, and he engaged the legislature. Inspired by his lead, the New Hampshire Senate proposed SB 348: "prohibiting the taking of arms and ammunition in a declared state of emergency."

Separately, a bill was introduced (SB 318-FN) allowing "a person who is in any place where he or she has a right to be to use deadly force to protect oneself."

As you can imagine, both these bills generated much public debate. Free-Staters joined the New Hampshire natives in writing Letters to the Editor, testifying before the House and Senate, and contacting our Representatives and Senators.

In the end, both these bills passed the House and Senate.

The "Katrina bill" was signed into law by the Governor on May 15 2006.
Unfortunately, the "Deadly Force bill" was vetoed by Governor. Nevertheless, in New Hampshire you can still use deadly force to defend yourself or another person.

2004

New Hampshire continues its progress on the issue of gun rights. In January, 2004, the New Hampshire Senate passed a bill that would lift the requirement for a state license to carry a concealed firearm!

In a free state...

• Your 2nd Amendment rights mean something.
• You don’t have to ask permission to carry your firearm concealed or openly. No state issued permit will be necessary.
• You don’t have to get a background check for a private sale including at gun shows.
• You are free to possess any firearm of your choice, and any accessory of your choice.
• You are not required to pay a license fee, be fingerprinted, give a DNA sample, or be treated like a criminal – to get a permit for self defense.
• You can lawfully defend your property and family.
• You can teach your children about firearm safety at school and at home.
• Local jurisdictions will not participate in Federal fishing expeditions that seek to prosecute "technical violations" of arcane federal firearm regulations. The anti 2nd Amendment "Project Safe Neighborhoods" will be banned.
• Gun owners are innocent until proven guilty.
• No ammunition taxes, no licensing fees, and no sales tax means more money in your pocket.
• Your friends visiting from another state will enjoy the sensation of freedom too.
• State laws will never be more restrictive than Federal laws.
• Possession of clips, speed loaders, magazines, gun cases, and other paraphernalia will not itself be sufficient “probable cause” for a stop and search by police.
• Your firearms will not be seized unless a crime has been committed.
• There are no “bad guns”. Inanimate objects will not be prosecuted, nor will they be used to convict individuals exercising their inalienable rights.
• Law enforcement officers will not enjoy preference in court testimony.
• Juries will be fully informed of their right to judge the law and the prosecution, as well as the accused.

This is the first and only comprehensive book covering New Hampshire laws (or lack of laws) on guns, knives and weapons.