HB 195 makes nonthreatening 'display' of weapon legal: what you should know

Displays of weapons like these could be legal when HB 195 goes into effect in September. (Courtesy images)

ROCHESTER - A couple of months ago Rochester Police investigated a reported road rage incident that originated in a Ridge parking lot where a man had displayed a handgun.

The other subject in the in the incident called police to say he'd been threatened, but after police investigated they learned from both parties that the man alleged to have drawn a weapon had only taken the weapon out of his car and showed it to the alleged victim.

The outcome? There were no charges to be made since the man had simply displayed the weapon, but neither brandished it nor verbally threatened the other man while displaying it.

The notion that displaying a weapon is not in and of itself a criminal threatening or reckless conduct was codified into law last week when Gov. Chris Sununu signed HB 195, which states that, "The act of displaying a firearm shall not, in and of itself and without additional circumstances, constitute reckless conduct under this section.

"Just showing a weapon is not a crime," Rochester Police Capt. Todd Pankham, the department's public information officer, said on Wednesday.

It still might be a crime if the subject had waved the gun around, or made threatening statements as he did, Pinkham added, noting that if had pointed the weapon at the man that could also have been a chargeable offense.

The Republican-sponsored bill passed in the House and Senate along party lines.

Sen. Sharon Carson, R-Londonderry, told IndepthNH.org that the bill is aimed at allowing someone who carries a sidearm publicly to avoid a reckless conduct charge.

Some opponents to the bill say it could escalate public conflicts by allowing armed people to brandish firearms, but Pinkham said brandishing a firearm is still against the law.

According to Merriam Webster brandishing is defined as: to "shake or wave something such as a weapon" or "exhibiting it an aggressive mannger."

Pinkham said such brandishing of a firearm would likely lead to an arrest.

The bill takes effect 60 days from the date of the governor's signature.