1 New Subdivision; Open Carry or Display of a Firearm Prohibited. Amend RSA 159 by inserting after section 26 the following new subdivision:

Open Carry or Display of a Firearm Prohibited

159:27 Definitions. In this subdivision:

I. "Public property" includes, but is not limited to areas owned or operated under the control of the state and any of its political subdivisions including public ways, sidewalks, driveways, parking lots, parks, walkways, recreational fields, greenways, plazas, rights-of-way, and other public grounds.

II. "Spectator" means any person engaged in a counter-protest or observing the parade, procession, picket line, rally, march or demonstration who is within 100 feet of participants.

159:28 Open Carry or Display of Deadly Weapons Prohibited at Parades, Funeral Processions, Picket Lines, Lawful Marches, and Demonstrations.

I. No person shall openly carry or display a loaded or unloaded pistol, revolver, firearm, or other deadly weapon as defined in RSA 625:11, V, whether licensed or unlicensed, while participating in, affiliated with, or present as a spectator at any parade, funeral procession, picket line, march, rally, vigil, or demonstration or other event organized or held for political, religious, or other First Amendment related purpose taking place upon any public property owned or under the control of the state or any of its political subdivisions.

II. No person, spectator, or counter-protest participant shall openly carry or display a firearm or other deadly weapon as defined in RSA 625:11, V within 100 feet of any event mentioned in paragraph I.

III This section shall apply regardless of whether or not a permit has been secured by event organizers.

IV. This section shall also apply to persons in private vehicles who are parked or traveling on public property within 100 feet of the closest event participant.

V. Nothing in this section shall be construed to preclude or limit a prosecution or conviction for a violation of any other provision of law governing the actions of participants or spectators.

159:29 Penalty. Any person who violates any provision of this subdivision shall be guilty of a violation for the first offense and fined $100. Any person who violates any provision of this subdivision after being found guilty of a first offense shall be guilty of a misdemeanor for each subsequent offense.

159:30 Exceptions.

I. There shall be a presumption that no rifle or gun carried on a rack in a pickup truck violates the provisions of this subdivision.

II. This subdivision shall not apply to federal law enforcement officers, sheriffs, police officers, or other duly appointed peace and other law enforcement officers when on duty; nor to the regular and ordinary transportation of pistols or revolvers as merchandise; nor to members of the armed services of the United States when on duty; nor to the national guard when on duty; nor to duly authorized military, police, or civil organizations when parading or serving in honor guards at funerals.

III. This subdivision shall not apply to spectators or protesters legally carrying concealed firearms or other deadly weapons.

IV. This subdivision shall not apply to free speech actions listed in this subdivision where the primary purpose of the action is to peacefully advocate for Second Amendment rights. However, this exception shall not apply to planned or impromptu counter-protests, counter-rallies, counter-marches, or counter-demonstrations conducted in response to another group expressing its First Amendment rights at the same time and location.

159:31 Rights Preserved. Nothing in this subdivision shall be construed to reduce or limit a person who is not prohibited from owning a firearm under RSA 159 from carrying a concealed firearm at or in the vicinity of an event listed in RSA 159:28, I. Nothing in this subdivision shall be construed to reduce or limit a person from engaging in lawful self-defense or defense of property as specified in RSA 627.

2 Effective Date. This act shall take effect 60 days after its passage.

1 New Subdivision; Open Carry or Display of a Firearm Prohibited. Amend RSA 159 by inserting after section 26 the following new subdivision:

Open Carry or Display of a Firearm Prohibited

159:27 Definitions. In this subdivision:

I. "Public property" includes, but is not limited to areas owned or operated under the control of the state and any of its political subdivisions including public ways, sidewalks, driveways, parking lots, parks, walkways, recreational fields, greenways, plazas, rights-of-way, and other public grounds.

II. "Spectator" means any person engaged in a counter-protest or observing the parade, procession, picket line, rally, march or demonstration who is within 100 feet of participants.

159:28 Open Carry or Display of Deadly Weapons Prohibited at Parades, Funeral Processions, Picket Lines, Lawful Marches, and Demonstrations.

I. No person shall openly carry or display a loaded or unloaded pistol, revolver, firearm, or other deadly weapon as defined in RSA 625:11, V, whether licensed or unlicensed, while participating in, affiliated with, or present as a spectator at any parade, funeral procession, picket line, march, rally, vigil, or demonstration or other event organized or held for political, religious, or other First Amendment related purpose taking place upon any public property owned or under the control of the state or any of its political subdivisions.

II. No person, spectator, or counter-protest participant shall openly carry or display a firearm or other deadly weapon as defined in RSA 625:11, V within 100 feet of any event mentioned in paragraph I.

III This section shall apply regardless of whether or not a permit has been secured by event organizers.

IV. This section shall also apply to persons in private vehicles who are parked or traveling on public property within 100 feet of the closest event participant.

V. Nothing in this section shall be construed to preclude or limit a prosecution or conviction for a violation of any other provision of law governing the actions of participants or spectators.

159:29 Penalty. Any person who violates any provision of this subdivision shall be guilty of a violation for the first offense and fined $100. Any person who violates any provision of this subdivision after being found guilty of a first offense shall be guilty of a misdemeanor for each subsequent offense.

159:30 Exceptions.

I. There shall be a presumption that no rifle or gun carried on a rack in a pickup truck violates the provisions of this subdivision.

II. This subdivision shall not apply to federal law enforcement officers, sheriffs, police officers, or other duly appointed peace and other law enforcement officers when on duty; nor to the regular and ordinary transportation of pistols or revolvers as merchandise; nor to members of the armed services of the United States when on duty; nor to the national guard when on duty; nor to duly authorized military, police, or civil organizations when parading or serving in honor guards at funerals.

III. This subdivision shall not apply to spectators or protesters legally carrying concealed firearms or other deadly weapons.

IV. This subdivision shall not apply to free speech actions listed in this subdivision where the primary purpose of the action is to peacefully advocate for Second Amendment rights. However, this exception shall not apply to planned or impromptu counter-protests, counter-rallies, counter-marches, or counter-demonstrations conducted in response to another group expressing its First Amendment rights at the same time and location.

159:31 Rights Preserved. Nothing in this subdivision shall be construed to reduce or limit a person who is not prohibited from owning a firearm under RSA 159 from carrying a concealed firearm at or in the vicinity of an event listed in RSA 159:28, I. Nothing in this subdivision shall be construed to reduce or limit a person from engaging in lawful self-defense or defense of property as specified in RSA 627.

2 Effective Date. This act shall take effect 60 days after its passage.