Nashua Gun Crime Lawyers

The Second Amendment to the Constitution protects a law-abiding citizen’s right to possess a firearm. People possess firearms for a variety of reasons: some people like to target shoot, some people enjoy hunting, and most gun owners want to be prepared should an intruder make the unfortunate decision to enter their home in the dead of night.

New Hampshire gun laws are fairly liberal. New Hampshire is a “constitutional carry” state. In 2017, the New Hampshire legislature passed a law making it legal to carry a concealed, loaded gun without a license. Anyone who can legally possess a gun under State and Federal law may carry concealed provided they are at least 18 years old, not a felon, or otherwise prohibited from possessing a firearm. You do not need a purchase permit to buy firearms in New Hampshire. You do, however, need to complete a criminal background check when purchasing from a federally or state-licensed dealer. A firearms permit will exempt you from this check.

Beware, however, that one cannot carry a gun into the courts and schools within the State of New Hampshire.

Types of Gun Crimes

Like other states, New Hampshire has established laws to regulate firearms possession, use, and sale to ensure public safety. Violations can lead to serious consequences, including fines, incarceration, and other penalties. 

The following provides an overview of the types of gun crimes we represent:

Unlawful Possession of a Firearm 

Possessing a firearm illegally is a serious offense in New Hampshire. It is unlawful for individuals to possess firearms if they are prohibited by law due to their criminal record or other disqualifying factors. The following parties may not own a firearm: 

• A felon against the person or property of another
• A felon under RSA 318-B
• A felon charged with controlled drug possession 

It is unlawful to sell firearms to any convicted felon. It is also illegal to provide a gun to a minor unless it is gifted by a parent, guardian, or executor. Individuals who are the subject of a court protective order can be required to surrender all firearms and ammunition.

Possession of a Firearm During a Crime 

Using or possessing a firearm at the time of the commission of a crime, such as a robbery or assault, leads to additional charges and enhanced penalties. The penalties will depend on the nature and severity of the underlying crime. 

Illegally Transporting a Firearm Across State Lines 

Transporting firearms across state lines without complying with applicable laws and regulations is illegal and can lead to serious consequences. Requirements include the firearm being unloaded, not readily accessible, and it also must be in a locked container.

Penalties for Gun Crimes

In New Hampshire, the penalties for gun crimes can vary depending on the specific offense committed. The following are potential penalties for common gun crimes: 

• Unlawful possession of a gun: Possessing a firearm while a convicted felon is a class B felony punishable by seven years imprisonment and up to a $4,000 fine.
• Possession of a firearm during a crime: An individual with three or felony convictions for specific violent offenses and drug crimes is considered an armed career criminal. Possessing a gun as an armed career criminal is a felony punishable by a minimum of 10 years imprisonment, a maximum term of imprisonment of up to 40 years, and up to a $25,000 fine.

If you are facing gun charges, it is essential to consult a knowledgeable criminal defense lawyer who can provide guidance specific to your case and ensure your rights are protected during the legal process. 

Felon in Possession of a Firearm

Your right to possess a firearm is not absolute. It is illegal to have a gun or other deadly weapon if you’ve been convicted of a felony drug crime or a felony against a person or property. Further, it is a felony-level offense to attempt the purchase of a firearm knowing that you are already a convicted felon. Individuals subject to a court protective order or restraining order are required to surrender all firearms and ammunition. 

Similarly, it’s a standard bail condition that the accused does not possess a firearm, ammunition, or another deadly weapon. 

What To Do If You Are Charged With a Gun Crime 

If you are facing charges related to the possession of a firearm, you need to speak with an experienced gun crime defense lawyer in Nashua, NH. The potential penalties for a criminal offense are significantly ramped up when a firearm is involved. If a person commits any felony while armed with a firearm, they are subject to an enhanced sentencing penalty of up to 20 years in prison. Similarly, if a firearm is used in the commission of a federal crime, the penalties under the sentencing guidelines become much more severe.

Contact the Criminal Defense Lawyer at Hayes Law Today

A gun charge is extremely serious – you need to take immediate action. Our gun crime attorney from Hayes Law, PLLC defends clients charged with all types of gun crimes, including representing those charged with being a Felon in Possession of a Firearm, Negligent Storage of a Firearm, Giving False Information in a Firearms Application, Reckless Conduct Involving a Firearm, and other crimes wherein a firearm is utilized.

Our criminal defense attorney, Justin Paul Hayes, Esq. offers reasonable payment plans and believes everyone is entitled to a vigorous defense. Request a free consultation by calling (978) 314-4950 or filling out a contact form.