New Hampshire Statewide Rule
New Hampshire Firearms Local Preemption Statute
Key Facts
- Statute
- RSA 159:26
- Preempts
- Firearms, ammunition, knives
- Local gun ordinances
- Void
- State authority
- Sale, possession, carry, taxation
- Exception
- Local discharge rules allowed
Summary
RSA 159:26 reserves all firearm and ammunition regulation to the state, voiding most local New Hampshire ordinances on guns, knives, and related items.
159:26 Firearms, Ammunition, and Knives; Authority of the State. -> TITLE XII PUBLIC SAFETY AND WELFARE CHAPTER 159 PISTOLS AND REVOLVERS State Jurisdiction Section 159:26 159:26 Firearms, Ammunition, and Knives; Authority of the State. I. 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.
Full Breakdown
New Hampshire law expressly preempts municipal regulation of firearms, ammunition, components, knives, and their permitting. RSA 159:26 declares the legislature has sole authority to regulate the sale, purchase, ownership, use, possession, transportation, licensing, and taxation of firearms within the state. Cities and towns may not enact ordinances relative to these subjects, and any local rule conflicting with state law is void. Limited exceptions apply for the discharge of firearms within municipal boundaries when consistent with state law.
Violations & Penalties
Local firearm ordinances exceeding state authority are unenforceable; municipalities risk legal challenges and attorney fee awards.
Frequently Asked Questions
Can a New Hampshire town pass its own gun control ordinance?
Does preemption apply to knives in New Hampshire?
Can towns still regulate where guns are discharged?
Sources
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