The New Hampshire attorney general’s office is appealing a Massachusetts law after two Granite State residents were charged with felonies for illegal gun ownership while traveling through the state.
New Hampshire permits citizens to own and carry firearms without a license. Massachusetts has stricter gun rules and a state-specific licensing process that allows anyone to lawfully acquire a firearm in the state.
“You have New Hampshire, which I think is probably the most permissive state in terms of gun ownership, butting up against Massachusetts, which is one of the most restrictive states,” said Daniel Pi, a professor at the University of New Hampshire Franklin Pierce School of Law.
Violations of this legislation can result in felony charges and a minimum sentence of 2½ years.
The attorney general of New Hampshire argues in an amicus brief to the Massachusetts Supreme Judicial Court that the potential for punishment for crossing state boundaries violates the Second Amendment by imposing “overly burdensome regulations.”
“Massachusetts applies their law very, very strictly to nonresidents,” explained Assistant Attorney General Brandon Chase. “They are one of the only states, if not the only, that does not allow reciprocal carry. This means that if you have a gun license from another jurisdiction, Massachusetts will not recognize it.
According to Chase, the next step is to await the Massachusetts Supreme Judicial Court’s anticipated consideration of the amicus brief documents on September 9.
