What Are the Penalties for Illegal Gun Possession in New Hampshire?
The Law Office of Nicholas P. Frye, P.C. provides dedicated and personalized criminal defense legal representation for clients in the Commonwealth of Massachusetts and the State of New Hampshire, in both State and Federal courts.
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New Hampshire is known for having some of the least restrictive gun laws in the country. Unlike neighboring Massachusetts, the Granite State does not require a permit to purchase, possess, or carry most firearms. However, that does not mean that every person is free to own or carry a gun. There are strict laws in place that prohibit certain individuals from possessing firearms, and violating these laws can result in serious felony charges and lengthy prison sentences.
Who Is Prohibited From Possessing a Firearm in New Hampshire?
Under New Hampshire RSA 159:3, it is illegal for specific categories of individuals to own, possess, or control a firearm. These include:
- Anyone convicted of a felony involving violence, property, or controlled substances.
- Individuals subject to a qualifying protective or restraining order.
- Persons convicted of certain domestic violence offenses.
- Individuals prohibited under federal law, such as those dishonorably discharged from the military, undocumented immigrants, or those committed for mental health reasons.
If you fall into one of these prohibited categories and are found in possession of a firearm, you could face felony prosecution in state or federal court.
Penalties for Illegal Firearm Possession
Violating New Hampshire’s firearm possession laws carries harsh penalties. Depending on your criminal record and the circumstances of your case, you may face the following consequences:
Possession by a Prohibited Person (RSA 159:3)
- Classified as a Class B Felony
- Punishable by up to 7 years in state prison and fines of up to $4,000
Even a first-time offense can result in a felony conviction that will permanently impact your criminal record and your right to own or possess firearms in the future.
Armed Career Criminals (RSA 159:3-a)
For individuals with three or more prior qualifying felony convictions, New Hampshire law imposes some of the most severe penalties available:
- Mandatory minimum of 10 years in state prison
- Up to 40 years in prison and fines up to $25,000
This “Armed Career Criminal” statute ensures that repeat offenders face long-term incarceration with no eligibility for early release.
Additional Consequences
A conviction for illegal gun possession in New Hampshire carries more than just prison time and fines. You may also face:
- Permanent loss of the right to possess or own firearms
- A permanent felony record
- Loss of certain civil rights, including voting rights while incarcerated
- Difficulty finding employment or housing
- Possible federal prosecution under 18 U.S.C. § 922(g), which can impose even longer prison sentences
