New Hampshire v. Dor
Annotate this CasePolice searched defendant's vehicle and found a .40 caliber semi-automatic pistol adjacent to a loaded magazine in the vehicle's glove compartment. The pistol did not have a cartridge in the chamber or a magazine in the magazine well. The State charged the defendant with a class A misdemeanor for "knowingly carry[ing] a loaded pistol . . . in a vehicle without a valid license . . . ." Defendant moved to dismiss, arguing that "[t]he firearm at issue was not loaded and therefore no license was required and no crime was committed." The trial court found RSA 159:4 "potentially ambiguous" and transferred the question to the Supreme Court. Upon review, the Supreme Court concluded that the definition of a ‘loaded pistol or revolver' [under RSA 159:4 (2002)] did not encompass a firearm with no cartridge in the firearm, and no magazine in the magazine well, or with a loaded magazine located next to it and easily accessible.
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