Citation(s) from the GunPolicy.org literature library

State of New Hampshire. 2012 ‘New Hampshire Rev. Stat. Ann. § 159:26(I), etc..’ Firearms Law Database - Local Authority to Regulate Firearms in New Hampshire. San Francisco, CA: Giffords Law Center to Prevent Gun Violence. 3 January

Relevant contents

Local Authority to Regulate Firearms in New Hampshire

New Hampshire Rev. Stat. Ann. § 159:26(I) provides in part:

To the extent consistent with federal law, the state of New Hampshire shall have authority and jurisdiction over the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, firearms supplies, or knives in the state. Except as otherwise specifically provided by statute, no ordinance or regulation of a political subdivision may regulate the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, or firearms supplies in the state.

Section 159:26 does not affect a local government's right to adopt non-discriminatory zoning ordinances. Pursuant to section 159:26(II), local ordinances that relate to the "sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearm components, ammunition, firearms supplies or knives" became void on July 18, 2003.

There is no case law interpreting this statute.

In State v. Jenkins, 162 A.2d 613 (N.H. 1960), the New Hampshire Supreme Court overturned a town by-law that prohibited the discharge of a firearm in the entire town except on private property with written permission of the owner. The court held that the by-law was inconsistent with state hunting statutes that allowed the discharge of firearms on certain other properties at certain times of year.

The ability of local governments in New Hampshire to impose limits on noise and noise pollution from shooting ranges is limited by sections 159-B:1 through 159-B:8…

ID: Q7725

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