In the state whose motto is “Life Free or Die,” it is refreshing to see a New Hampshire elected official living up to those words on behalf of two of the state’s citizens who have been wrongly charged with gun possession crimes in neighboring Massachusetts. Through this action, the state’s attorney general’s office is taking a stand against Massachusetts’ restrictive gun laws. The conflict arose after two New Hampshire residents were charged with felonies for illegal gun possession while traveling through Massachusetts, a state known for its stringent firearm regulations, WMUR 9 reports.
New Hampshire, which allows individuals to own and carry firearms without a license, stands in stark contrast to Massachusetts, where strict gun laws and a state-specific licensing process are enforced. This clash between state policies has brought to light the challenges faced by gun owners who cross state lines, particularly when entering states with more restrictive laws.
“You have New Hampshire, which I think is probably the most permissive state in terms of gun ownership butting up against Massachusetts, which is one of the most restrictive states,” Professor Daniel Pi of the University of New Hampshire Franklin Pierce School of Law told WMUR. The sharp difference in legal frameworks can lead to severe consequences for those unaware of the varying laws. In Massachusetts, violations can result in felony charges with a mandatory minimum sentence of 2½ years in prison.
Renowned gun lawyer Evan Nappen, who practices law in New Hampshire as well as New Jersey, a state as absolutely oppressive as Massachusetts when it comes to gun laws, agrees.
“New Hampshire is the most pro-gun state in America. There basically are no gun laws in New Hampshire,” Nappen says. “There isn’t even a charge that exists called unlawful possession of a handgun. It doesn’t exist, the only thing is if you’re a felon it is prohibited. It (New Hampshire) is constitutional carry. You can carry anywhere under state law except a court house. You can carry in a bar. You can carry in a church. You can carry in a movie theater. You can carry anywhere.”
Nappen notes punishment is reserved in the state for those people who actually commit crimes, not for those who simply own a gun.
New Hampshire’s attorney general has filed an amicus brief with the Massachusetts Supreme Judicial Court, arguing that the potential for severe punishment simply for crossing state lines with a firearm violates the Second Amendment by imposing “overly burdensome regulations.” Assistant Attorney General Brandon Chase emphasized the unique position of Massachusetts, stating, “Massachusetts applies their law very, very strictly to nonresidents…It might be the only state that allows no reciprocal carry. Meaning, if you have a firearms license from any jurisdiction, Massachusetts doesn’t honor it.”
The case is now awaiting review by the Massachusetts Supreme Judicial Court, expected on September 9. As WMUR 9 reports, this legal battle is a testament to New Hampshire’s dedication to protecting the rights of its citizens, particularly in the face of increasingly restrictive gun laws in neighboring states. The outcome of this case could have significant implications for gun owners who travel across state lines, while reaffirming New Hampshire’s position as a staunch defender of Second Amendment rights. It is a move that should make nearly every gun owner in the country want to move to New Hampshire. At the very least, those state leaders defending their citizen’s rights deserve our respect.
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