Concord Gun Lawyer
The laws that govern the use and ownership of firearms in Concord and the surrounding areas are among the least restrictive in the nation. However, people who legally own guns must responsibly store, transport and use them. Violations of the state’s gun laws could lead to severe criminal penalties and the loss of a license to carry.
In addition, the use of a firearm as an aid in committing any other offense makes those underlying offenses much more serious. Convictions here are usually felonies that can result in a multiple-year prison sentence.
Whether you are facing allegations that you improperly carried or possessed a firearm or a separate criminal allegation has become much more serious because of the alleged presence of a gun, our Concord gun lawyers at Lehmann Major List, PLLC, may be able to help you. Our criminal defense attorneys could work with you to understand your perspective, evaluate the strength of the prosecutor’s case and develop a strategy designed to protect your rights.
Restrictions To Possessing A Firearm In Concord
For the most part, adults in Concord and throughout New Hampshire have the right to bear arms. New Hampshire is a “constitutional carry” state, meaning that as long as you are not a “prohibited person” under the law, you have the right to carry a firearm. While you do not need a concealed carry license (or “pistol permit,” as it is termed under New Hampshire law), it is still advisable to obtain one. Having a concealed carry license provides several additional benefits that most people are not aware of. One of these is “reciprocity,” meaning that certain other states will recognize your New Hampshire concealed carry license if you travel there. There are currently at least 30 states that will recognize a New Hampshire concealed carry license. A concealed carry license will also exempt you from the federal “Gun Free School Zone Act,” which prohibits possession of a firearm within 1000 feet of a school. Without a concealed carry license, you could be charged with a crime for simply driving through a school zone while otherwise lawfully armed.
However, it is important to note that having a New Hampshire concealed carry license does not mean that a person can bring a gun anywhere they choose. Courtrooms, federal buildings (including post offices and national park visitor centers), and airports are common examples of restricted areas where, even with a concealed carry license, having a firearm on your person is illegal.
Finally, certain people may not legally possess handguns. Under NH RSA159:3, convicted felons can never legally possess pistols or revolvers anywhere in the state. Federal law contains several other disqualifiers that will prohibit a person from owning a gun, including, but not limited to, the use of marijuana or other drugs, misdemeanor domestic violence convictions and dishonorable discharge from the military. A skilled attorney could provide more information about the laws that prohibit firearm possession under both New Hampshire and federal law and help defend the rights of legal firearm owners.
Firearms As Aggravating Factors In Other Offenses
Firearms are deadly weapons under the language of law, and using them unsafely can create legal complications. This is especially true when police or prosecutors allege that a defendant brandished a firearm in connection with a crime.
For example, assault is a relatively minor accusation that is a misdemeanor under the state’s criminal code. However, NH RSA 631:1 says that using a firearm to inflict harm on another makes an assault a Class A felony. Convictions here can bring a maximum prison sentence of 20 years. Similar concepts apply to robberies, burglaries and making threats that involve a firearm.
In addition, NH RSA 650-A:1 creates a separate criminal offense related to the use of a firearm as an aid in committing a crime. Under this statute, it is a Class B felony for a person to commit a crime while armed with a pistol, revolver, shotgun or any other type of firearm. As a Class B felony, courts can sentence a guilty party to up to seven years. This penalty is in addition to any sentence handed down for the underlying offense. A motivated gun lawyer in Concord could help build a defense against serious accusations involving the use of a firearm to commit a crime.
Frequently Asked Questions About Firearms Law
Firearms law is a complicated area. There are immensely strong feelings about who deserves their firearm rights and how far those rights extend. And if you’re having some difficulties with firearm law, you need to get your questions answered. Here are a few of our clients who often start with:
What should I do if I am involved in a self-defense shooting?
New Hampshire law does make room for a “self-defense” use of firearms. However, claiming self-defense successfully will require the assistance and intervention of an attorney. As firearms law attorneys, we can explain all your rights and advocate for you.
As with any potential criminal charge, you deserve a thorough, vigorous defense. And we will deliver exactly that.
Why should I establish an NFA trust?
An NFA trust’s primary use is to purchase certain types of firearms and equipment that are closely regulated by the National Firearms Act. These include:
- Suppressors
- Short-barreled rifles
- Machine guns
If you deal with those types of items as a dealer or a collector, then an NFA trust is a wise choice.
What are my rights as an FFL dealer if the ATF is seeking to revoke my license?
If the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is seeking to revoke your license, you have the right to appeal the decision. You can request a hearing to challenge the revocation, and we can represent you in that hearing. The complexities of FFL license revocation cannot be undersold. You deserve a fully prepared defense, and we aim to give it to you.
How do I reinstate my gun rights after being prohibited by a conviction or court order?
If you’ve lost your firearm rights in New Hampshire due to a conviction or a domestic violence court order, we can assist you in pursuing your rights. You may have to pursue an expungement of your record or complete a mandatory waiting period before we can move forward. In some cases, for serious felonies, it can be a wait of 10 years upon the completion of your sentence before the state will restore your rights to bear arms.
Contact A Concord Gun Attorney Today
Allegations of the illegal possession or use of a gun are among the most serious in the state’s criminal code. In many cases, these are felony accusations where a conviction carries a mandatory minimum prison sentence and loss of your right to bear arms in the future. Even in misdemeanor cases, improperly possessing or carrying a firearm could result in the payment of heavy fines or the loss of a handgun license.
If you are facing allegations related to firearms, reach out to a Concord gun lawyer at 603-859-8588. They could explain your rights under the law, evaluate the prosecutor’s case and prepare to defend your freedoms in court.