Pistol Permit

An interesting court case just wrapped up this past week here in NH.  The plaintiff was being charged with a number of different crimes but the interesting one was a charge of "False Report to Law Enforcement".  This stemmed from a question a police officer asked during a traffic violation.  The woman (I'll leave her name out as it isn't relevant for this article) was found to have a concealed handgun.  The police officer asked her if she had a "pistol permit" to which she answered no.  It was later found she did have a license to carry concealed weapons so she was breaking no laws by having the concealed weapon but they charged her with false reporting for her answer.  She successfully argued in court that her answer was so because there is no such thing as a "pistol permit", article 2-a of the NH Constitution gives us the right to own a pistol and we do not need government permission as a result.  The license is needed should we wish to conceal the weapon we already have a right to own.  Since there is no such thing as a "pistol permit", he answer was 100% truthful to the police officer.

Here is a write up she wrote about the outcome:

The police had asked me if I had a "pistol permit" to which I answered "no" because I don't. No one does. Here in NH there is a License to Conceal Carry (which, by the way, I *do* have.) The finding of NOT GUILTY confirms that any of us may continue to answer "no" to this erroneous question from the police. The police should be aware that there is no such thing as a "pistol permit" here in NH, and if they are not aware, we need to make them aware. This is just as important as making them aware that open carry is perfectly legal and We The People should not be harassed for open carrying either. They can not grant permission to exercise a god-given right. It is a license, not a permit, and it is a license for certain forms of carrying, not for the pistol itself.


[Art.] 2-a. [The Bearing of Arms.] All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state.