Cite as State v. Sanne, 116 N.H. 583 (1976)

Rockingham 
No. 7420
                        STATE OF NEW HAMPSHIRE

                                  v.

                           STEPHEN G. SANNE

                          September 30, 1976

1. New Hampshire has no constitutional provision granting a right
to bear arms.

2. A State statute reasonably regulating the right to bear arms
does not  violate the second amendment to the United States
Constitution, which is not a grant of a right, but a limitation
upon the power of Congress and the National Government.

      David H. Souter, attorney general, and Richard B. McNamara,
attorney, by brief, for the State.

      Stephen G. Sanne, pro se, by brief.

                          MEMORANDUM OPINION

      In this case the defendant appeals his conviction in the
superior court on October 31, 1975 (RSA 159:4 (Supp. 1975)) for
carrying two loaded pistols without a license to do so. The sole
issue he raises before us is whether the statute violates the
second amendment to the Federal Constitution.

      Transferred by Perkins, J.

       The second amendment to the Federal Constitution reads as
follows: "A well regulated militia, being necessary to the security
of a free state, the right of the people to keep and bear arms,
shall not be infringed." New Hampshire has no constitutional
provision granting a right to bear arms. See N.H. CONST. Pt. I,
art. 24. Pertinent provisions of RSA 159:4 (Supp. 1975) provide
that "No person shall carry a loaded pistol or revolver... without
a license therefor as hereinafter provided." The relevant
provisions of RSA 159:6 (Supp. 1975) state that a nonresident
(which the defendant was at the time) may procure a license from
the "director of state police, or some person designated by him,
upon application... if it appears that the applicant has... any
proper purpose...." There follow procedural provisions not involved
here.

      It is too well established to require elaboration that a State
statute reasonably regulating the right to bear arms does not
violate the second amendment to the United States Constitution
which is not a grant of a right, but "a limitation only upon the
power of Congress and the National Government...." Presser v.
Illinois, 116 U.S. 252, 265 (1886); see United States v. Miller,
307 U.S. 174, 178 (1939); United States v. Johnson, 497 F.2d 548,
550 (4th Cir. 1974); Commonwealth v. Davis, 343 N.E.2d 847, 850
(Mass. 1976).

Exceptions overruled.

GRIMES, J., did not sit.