Breakdown of New Hampshire Gun Laws

Understanding gun laws in New Hampshire is essential for anyone who owns, carries, or intends to use a firearm. Missteps, even unintentional ones, can lead to serious legal consequences. Those consequences often arise in connection with other charges, and firearm possession can change the outcome of a criminal defense case significantly.

Constitutional Carry and Firearm Possession

Since 2017, New Hampshire has recognized what is often referred to as “constitutional carry.” That means residents and non-residents are allowed to carry a concealed firearm without needing a permit. 

This applies to both handguns and other pistols. The state still offers a concealed carry license for those who wish to obtain one, often to benefit from reciprocity with other states. But the absence of a permit requirement within New Hampshire’s borders makes it one of the more permissive states regarding firearm carry.

Criminal defense attorneys in New Hampshire still see many firearm-related charges, particularly when individuals carry weapons into areas where possession is restricted. While permits aren’t required for carrying a concealed weapon, that doesn’t mean guns can be carried anywhere. 

Areas that may restrict firearms include:

• Federal buildings

• Schools

• Courthouses

• Private property with clear signage

Be aware that violating those restrictions can lead to arrest.

Firearm Ownership and Criminal Records

Gun rights in New Hampshire are closely tied to an individual's criminal record. Federal and state laws prohibit certain individuals from possessing firearms. 

Those with felony convictions, domestic violence convictions, or restraining orders that meet specific legal standards can lose their firearm rights. In criminal defense, restoring those rights can be a difficult process.

Wiberg Law Office, PLLC has seen that firearm-related charges often arise when someone is found to be in possession of a gun despite a disqualifying conviction. 

Many people are unaware that even a deferred sentence or a plea deal in another state can count against them. The state may not offer clear notice of firearm disqualification, and individuals may only discover their prohibited status after being arrested.

In criminal defense work, verifying a client’s eligibility to possess a firearm is a critical first step. It may not always be obvious from court records alone, and attorneys often need to piece together legal histories across jurisdictions to get a clear answer.

Background Checks and Firearm Sales

While New Hampshire allows private sales of firearms without a background check, all commercial firearm sales through federally licensed dealers must comply with federal background check laws. 

Criminal defense issues can arise when someone attempts to purchase a firearm and is denied due to a flagged background check. In some cases, the denial itself may be incorrect or based on outdated or expunged records.

False statements on federal or state firearm purchase forms can lead to serious charges. Even if the buyer believes the information is accurate, discrepancies between personal records and government databases can trigger an investigation. 

Criminal defense attorneys often assist clients in responding to firearm purchase denials and determining whether an appeal or other legal action is possible.

Firearms in Vehicles

New Hampshire law permits individuals to carry firearms in vehicles without a license. This includes both open and concealed carry. However, criminal defense attorneys frequently represent clients who are pulled over and charged with additional crimes based on firearm possession in a vehicle.

While the gun itself may be legal, possession alongside drugs, stolen property, or other prohibited items can create legal problems. 

Prosecutors may try to use firearm possession as evidence of intent in drug distribution cases, which raises the stakes considerably. For someone accused of a crime, the presence of a firearm can change how prosecutors and judges view the case.

Wiberg Law Office, PLLC often focuses on separating the firearm from the underlying charge in these scenarios. The goal is to prevent a legally owned weapon from becoming a factor that increases penalties or leads to additional charges.

Use of Firearms in Self-Defense

New Hampshire has a long-standing commitment to self-defense rights. The state’s laws include strong protections for those who use force to defend themselves, their property, or others. 

There is no duty to retreat before using deadly force if a person is lawfully present and reasonably believes that force is necessary to prevent death or serious bodily harm.

Despite those protections, self-defense cases often lead to arrests, especially when firearms are involved. 

Police and prosecutors may question whether the use of deadly force was justified or whether other options were available. Criminal defense attorneys are often called in early to help preserve evidence, secure witness statements, and prepare a strong defense rooted in the facts of the case.

Wiberg Law Office, PLLC handles these matters with urgency. When firearms are used in self-defense, every detail matters—where the incident occurred, who said what, and whether any threats were made. The law provides a strong foundation, but the outcome of the case depends on how that foundation is applied to the evidence.

Gun Charges in Domestic Situations

Firearm-related criminal defense becomes particularly sensitive in domestic violence cases. Federal law prohibits individuals convicted of a misdemeanor crime of domestic violence from possessing firearms. 

The same applies to individuals subject to certain protective orders. New Hampshire courts take these cases seriously, and a single charge can lead to firearm surrender and future disqualification.

In domestic cases, firearms may be seized immediately as part of an arrest or restraining order. Criminal defense attorneys must act quickly to address both the underlying allegations and the collateral consequences related to firearm rights. 

Even if the criminal case is resolved in the defendant’s favor, getting firearms returned or rights restored can take time.

Wiberg Law Office, PLLC works with clients to review the exact terms of court orders, assess the status of charges, and determine whether firearm restrictions apply under state or federal law. The goal is to avoid surprises that may lead to future arrests or legal violations.

Federal Firearm Restrictions

Even though New Hampshire law is relatively permissive, federal law still applies to gun ownership and use. Criminal defense attorneys frequently deal with cases where someone is charged under federal law despite being in compliance with state law. 

This often happens with out-of-state gun sales, interstate travel with firearms, or possession of firearms by prohibited individuals.

Federal prosecutors may bring charges in situations involving firearms used during a drug crime, possession by a felon, or false statements on firearm forms. 

In these cases, the consequences can include mandatory minimum sentences and federal prison time. Wiberg Law Office, PLLC handles these matters carefully, coordinating with federal courts and investigating every aspect of the government’s case.

Juvenile Firearm Possession

Juveniles in New Hampshire are subject to specific rules when it comes to firearm possession. While there is no general minimum age for possession under state law, federal restrictions prohibit the sale of handguns to individuals under 21 and long guns to those under 18 from licensed dealers.

Criminal defense cases involving juveniles often focus on whether the young person had the gun legally and what their intent was. Charges can escalate quickly if a firearm is found in a school zone or during the commission of another offense. Even if charges remain in juvenile court, the long-term impact on rights and records can be significant.

Attorneys at Wiberg Law Office, PLLC work to protect the futures of young clients while addressing the legal concerns of parents. Firearm-related offenses require a strategy that takes both immediate legal consequences and long-term outcomes into account.

Restoration of Firearm Rights

For individuals with past convictions, restoring firearm rights can be a difficult legal challenge. In New Hampshire, a person may petition to annul a conviction after a waiting period. If successful, that annulment can restore state firearm rights, but it may not affect federal prohibitions.

Criminal defense attorneys assist with these petitions, helping clients demonstrate rehabilitation and compliance with all legal obligations. 

In some cases, further legal steps are needed to clarify whether rights have been restored at both the state and federal levels. Wiberg Law Office, PLLC carefully evaluates these cases to determine the likelihood of success before filing.

Final Thoughts

Wiberg Law Office, PLLC uses a careful, informed approach to criminal defense in every gun-related case. They’re proud to serve Portsmouth, New Hampshire, and the surrounding areas of Rockingham County, Strafford County, Hillsborough, Dover, and Manchester. Contact the firm today to start building your defense strategy.