Firearm rights are restricted pursuant to New Hampshire law for two categories of felony convictions:
- Conviction of a felony “against the person or property of another” under New Hampshire law and
- Conviction for a felony drug offense under federal laws or under the laws of any State
See N.H. Rev. Stat. § 159:3. Interestingly enough, the definition of “firearm” is very broad including various types of guns and also slingshots (a heavy weight affixed to a handled cord), metallic knuckles, billies, stilettos, switchblade knives, sword canes, blackjacks, daggers, dirk-knives and “other deadly weapons.”
Can firearm rights lost under New Hampshire law be restored?
Firearm rights are difficult to restore in New Hampshire. Rights cannot be restored if the felony conviction involved a crime of violence, the conviction was subject to an “extended term of sentence” or if there are multiple felony convictions. In those circumstances, firearm rights can only be restored with a pardon. For a single nonviolent felony conviction, firearm rights can be restored through the process of “judicial annulment” See N.H. Rev. Stat. § 651:5.
What about firearm rights lost pursuant to federal law?
As discussed in more detail below, annulment may be sufficient to fully restore a person’s civil rights under New Hampshire law. The full restoration of civil rights is one method of having federal firearm rights restored.
What is the process for obtaining an annulment?
In New Hampshire, annulment is obtained from the sentencing court. See N.H. Rev. Stat. § 651:5(I).2. After the respective waiting period has expired, a petition is filed with the court asking the court to annul the conviction. Annulment is at the discretion of the court. The standard applied is whether annulment “will assist in the petitioner’s rehabilitation and will be consistent with the public welfare.” The sentencing court may hold a hearing on the petition for annulment or may not. Generally, a hearing will be held if the petition requests a hearing. If the court makes a positive determination, prior to issuing the Order of Annulment, the court must notify the Prosecutor’s Office which has 20 days to file an objection to annulment. If no objection is received, the court issues the Order of Annulment. If the petition for annulment is denied, the applicant can file another petition after the passage of three years.
When deciding a petition for annulment, New Hampshire courts are instructed to use a “balancing test” between what will assist the “petitioner’s rehabilitation” as opposed to what “will be consistent with the public welfare. The New Hampshire courts look at a long list of factors to be considered. See New Hampshire v. S.T., Case No. 218-2015-CR-01774 (N.H. Superior Court 2016). Examples include:
- Evidence of the petitioner’s exemplary conduct and character since his last conviction
- Petitioner’s age at the time of conviction
- Circumstances of the case and conviction
- The public’s interest in being able to access information about convictions
- Time since the conviction
- How annulment would aid rehabilitation
- And more
What are the waiting periods?
The waiting periods depend on the crime and range from two years to ten.
Are there other requirements that must be satisfied for a petition for annulment to be filed?
In addition to the waiting period, a petition cannot be filed unless the petitioner has completed all the terms and conditions of the original sentence and has not been convicted of any other crime (except for certain motor vehicle offenses).
What crimes cannot be annulled?
As noted, no petition for annulment can be granted for any violent crime or for conviction of felony obstruction of justice crimes or for any offense for which the petitioner was sentenced to an “extended term of imprisonment” as defined by N.H. Rev. Stat. §651:6. An “extended term of imprisonment” can be ordered for a very long list of reasons. Some examples include:
- Where the person convicted has “… devoted himself or herself to criminal activity as a major source of livelihood”
- Where the person convicted has “… been subjected to a court-ordered psychiatric examination on the basis of which the jury finds that such person is a serious danger to others due to a gravely abnormal mental condition”
- Where the person convicted has “… manifested exceptional cruelty or depravity in inflicting death or serious bodily injury on the victim of the crime”
- And more
As noted, if a person has been convicted of more than one offense, no petition for annulment can be brought or granted.
More on restoring firearm rights lost pursuant to federal law
Under federal law, firearm rights are lost for a felony conviction. One method of having firearm rights restored is to demonstrate that a convicted felon’s civil rights have been restored under State law. The civil rights in question are the right to vote, hold office and sit on a jury. Under New Hampshire law, the rights to vote and hold office are restored once a person finishes his or her incarceration and all other conditions (such as parole).
With respect to jury service, the New Hampshire Supreme Court has held that, if a conviction is eligible for annulment, then the person convicted IS qualified to serve on a jury. See US v. Howe, 106 A. 3d 425 (N.H. Supreme Court 2014). The court held this to be true even though the convicted felon in that case – Ryan Howe – had not applied to have his conviction annulled and no annulment had been granted.
Thus, for purposes of federal firearm restrictions, a convicted felon has all civil rights fully restored under New Hampshire law if the felon is eligible to have his or her conviction annulled. See also DuPont v. Nashua Police Department, 113 A.3d 239 (N.H. Supreme Court 2015) (holding that firearm rights are “civil rights” that, when restored, fully restore civil rights for purposes of the federal firearms ban).
Find A Firearm Rights Attorney Today
If a conviction or something else in your past is inhibiting your ability to own and carry a firearm, you may benefit from the help of an experienced firearm rights-focused attorney. FirearmRights.net can help you find attorneys in your area that can provide advice and legal counsel. This website has been developed by firearm rights attorneys with extensive experience in protecting firearm rights. Our goal is to support the firearm community by restoring the rights of people who deserve them.
Click on the “Restore Your Rights” tab to be connected with a dedicated attorney in your area who can review the facts of your case and start the journey to reclaiming your second amendment rights.