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NH Supreme Court: "Only loaded guns are loaded. Duh!"

KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,889
Location
Granite State of Mind
This statute was clear to everyone who didn't choose to deliberately misinterpret it. But as Upton Sinclair said, "It is difficult to get a man to understand something, when his salary depends on his not understanding it."

The police and AG in this case didn't want clarity, because it reduces the number of people they can charge.

http://www.unionleader.com/article/20130807/NEWS03/130809449

FUQ:
CONCORD – A loaded gun means exactly that, a gun that's loaded with ammunition, according to a state Supreme Court ruling made public Wednesday.

The decision means a misdemeanor charge of illegally possessing a loaded handgun without a license will be dropped against Oriol Dor of Manchester.

Dor was arrested on May 8, 2012, after police searched his vehicle and found a .40 caliber semi-automatic pistol with a loaded magazine next to it in the glove box. The pistol did not have a cartridge in the chamber, and the magazine well was empty.

Still, police charged Dor with a class A misdemeanor for "knowingly carry(ing) a loaded pistol as defined in RSA 159:4 in a vehicle without a valid license."

( . . . . )

The question before the court was: Does the definition of a "loaded pistol or revolver" (under RSA 159:4 (2002) encompass … a firearm with no cartridge in the firearm, and no magazine in the magazine well(,) but with a loaded magazine located next to it and easily accessible?

The court ruled it did not.
 

Maverick9

Regular Member
Joined
Apr 7, 2013
Messages
1,404
Location
Mid-atlantic
As I said in a previous post, I just can't believe that LEOs are this dumb. It really takes work to do something like this on a consistent basis.

In a time when LEOs are misapplying the law, shooting innocent people, planting evidence, concocting stories, covering up, how do you not bash them?
 

marshaul

Campaign Veteran
Joined
Aug 13, 2007
Messages
11,188
Location
Fairfax County, Virginia
In a time when LEOs are misapplying the law, shooting innocent people, planting evidence, concocting stories, covering up, how do you not bash them?

It's a fine line to walk. I've found that if I stick to the truth, I'm generally OK. For instance, it's not "cop bashing" to argue that modern policing is in dire need of reform, in just about every way.

It's not "cop bashing" to opine that, rather than just a "few bad apples", the barrel itself has gone bad.
 
Last edited:

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
Try this approach:

"Not all cops are bad.....but!"

Look, eventually every cop will make a mistake, it is human nature, no big deal. Once all of them have made a mistake then there can be no cop bashing cuz all cops would have made a mistake and continue to be employed. Until then use the above disclaimer.
 

Jared

Regular Member
Joined
Jul 8, 2006
Messages
892
Location
Michigan, USA
This statute was clear to everyone who didn't choose to deliberately misinterpret it. But as Upton Sinclair said, "It is difficult to get a man to understand something, when his salary depends on his not understanding it."

The police and AG in this case didn't want clarity, because it reduces the number of people they can charge.

http://www.unionleader.com/article/20130807/NEWS03/130809449

FUQ:
CONCORD – A loaded gun means exactly that, a gun that's loaded with ammunition, according to a state Supreme Court ruling made public Wednesday.

The decision means a misdemeanor charge of illegally possessing a loaded handgun without a license will be dropped against Oriol Dor of Manchester.

Dor was arrested on May 8, 2012, after police searched his vehicle and found a .40 caliber semi-automatic pistol with a loaded magazine next to it in the glove box. The pistol did not have a cartridge in the chamber, and the magazine well was empty.

Still, police charged Dor with a class A misdemeanor for "knowingly carry(ing) a loaded pistol as defined in RSA 159:4 in a vehicle without a valid license."

( . . . . )

The question before the court was: Does the definition of a "loaded pistol or revolver" (under RSA 159:4 (2002) encompass … a firearm with no cartridge in the firearm, and no magazine in the magazine well(,) but with a loaded magazine located next to it and easily accessible?

The court ruled it did not.


I used to carry this way in New Hampshire over a decade ago. I told the state police it was legal and they "recommended against it". I knew they were wrong.
 

Tactical9mm

Regular Member
Joined
Apr 2, 2011
Messages
138
Location
Manchester, New Hampshire
This statute was clear to everyone who didn't choose to deliberately misinterpret it. But as Upton Sinclair said, "It is difficult to get a man to understand something, when his salary depends on his not understanding it."

The police and AG in this case didn't want clarity, because it reduces the number of people they can charge.

http://www.unionleader.com/article/20130807/NEWS03/130809449

FUQ:
CONCORD – A loaded gun means exactly that, a gun that's loaded with ammunition, according to a state Supreme Court ruling made public Wednesday.

The decision means a misdemeanor charge of illegally possessing a loaded handgun without a license will be dropped against Oriol Dor of Manchester.

Dor was arrested on May 8, 2012, after police searched his vehicle and found a .40 caliber semi-automatic pistol with a loaded magazine next to it in the glove box. The pistol did not have a cartridge in the chamber, and the magazine well was empty.

Still, police charged Dor with a class A misdemeanor for "knowingly carry(ing) a loaded pistol as defined in RSA 159:4 in a vehicle without a valid license."

( . . . . )

The question before the court was: Does the definition of a "loaded pistol or revolver" (under RSA 159:4 (2002) encompass … a firearm with no cartridge in the firearm, and no magazine in the magazine well(,) but with a loaded magazine located next to it and easily accessible?

The court ruled it did not.

This is outstanding news for the unlicensed open/concealed carry in the State. It is a shame that it took this long to put this to bed.
 
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