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  1. #1

    Default NH ACTION ALERT: HB1589 ***DEFEATED***

    I was at the original hearing when this was the omnibus universal background checks bill.

    Since then, the subcommittee first proposed an amendment to turn the whole bill into a study committee, and now has come back with a BRAND NEW BILL.

    http://granitegrok.com/blog/2014/01/...em-para-bellum

    My Analysis:

    1. You will no longer be able to have a private sale resulting from a gun show, advertisement etc. It will have to be done through an FFL.

    How do you find out that someone has an item for sale? All sales in one way or another require advertisement. You will no longer be able to use NES, your local bulletin board etc. You will always have to show you did not have a 'commercial sale'

    2. If you wanted to do a private transfer, you will be required to 'ascertain' that both people are not 'Prohibited Persons', and show it is not a 'Commercial sale' as defined below.

    In my opinion this is a de-facto ban on private sales. How do you ascertain this fact? Are you supposed to do a background check on the buyer/seller? You are committing a criminal act if you are wrong or saw an advertisement, so people will be forced to do the dealer transfer.



    Key provisions:

    I. “Commercial sale” means a sale, transfer, or exchange of a firearm that takes place at, or on the curtilage of, a gun show or pursuant to an offer to sell or buy a firearm that took place at a gun show, or pursuant to an advertisement, posting, listing, or display.

    159-E:3 Exception. This chapter shall not apply to a noncommercial, private sale, transfer, or exchange of a firearm between individuals, provided neither party to the transaction is a prohibited person. If the status of either party’s eligibility to own or possess a firearm cannot be ascertained, the transaction shall be completed through a federally-licensed firearm dealer pursuant to RSA 159-E:2, II.

    1 Purpose. It is the purpose and intent of the general court in enacting RSA 159-E to require commercial firearm sales and transfers in New Hampshire to be processed through a licensed firearms dealer, who will conduct a background check and create a record of each sale.



    What to do:


    Email / contact each member of the committee ( http://www.gencourt.state.nh.us/hous....aspx?code=H43 )

    We cannot win this fight by pointing out flaws the in the bill. They will just change it to make it more palatable.

    Instead, hit the following points

    1. NH does not have a problem, and this bill is a solution in search of a problem. Vote to ITL the bill.
    2. The bill is an infringement on Civil Rights. Vote to ITL the bill.
    3. Since there is no problem to solve, no amendment can make the bill acceptable. Vote to ITL the bill.


    This is a BAD BILL. We have to convince a majority of the members that this is not something they want to be on the record as supporting, especially in an election year.

    TO EMAIL ALL 400 NH REPS USE THIS ADDRESS hreps@leg.state.nh.us
    Last edited by derek; 02-11-2014 at 01:48 PM.

  2. #2

    Default Hope the chicken littles from MA can refrain cluttering up this thread too

    Even if HB1589 clears the committee Tuesday, it still has to pass through the criminal justice committee before it can come to a full vote.

    Tuesday will be the next opportunity for the public to speak on this bill.

    I agree, the "fixes" to the bill are no improvement, but could sway a rep who is on the fence or who constituents pointing out flaws in the old text and thinks that since this fixes those specific flaws, those fixes make it a good bill. On the plus side, it isn't the same old California-inspired "model law" that it started life as.

    Reps need to know that the underlying concept of this bill is fatally flawed, must be voted ITL.

  3. #3

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    Can't this be merged into the other thread?

  4. #4
    NES Member
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    Isn't this how it began is Mass.???little by little..

  5. #5
    NES Member soloman02's Avatar
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    I've spoken to 145middy about this on the phone. We now need to shift gears. We need to argue on the merits of the bill itself. They will just change the bill until all technical arguments are nullified.

    So to that end we need to get more people to email and/or call the committee members. Get your friends to send an email! I will be creating a letter to send please use that if you want. If you know people in the towns of these reps, have them send an email!!! Their voice will resound more heavily.

    Also since this is an election year, we will need to hammer home that point, that if they do not vote to kill the bill, they will face hardened opposition.

    There are 9 Republicans on the committee out of a total of 20 members. We only need them plus 2 Democrats to vote ITL, but as always more is better.

    Anyway, some info on the Reps:
    Ed Butler (d) the Chairman. Won in 2008, lost in 2010 and then won again in 2012. He is dead set on passing something.
    Catherine Mulholland (d). She is from LONDON, ENGLAND. She is a flaming moonbat and is "flabbergasted" over why there is so much opposition to this bill. (News article about this moonbat)
    Donna Schlachman (d) Vice chair. Co-sponsor of the bill.
    Angeline Kopka (d). Possibly on the fence. I know we have Nashua members here.
    Kenneth Gidge (d). For ITL of the original bill.
    Joe Scarlotto (d). For ITL of the original bill as of 1/24.
    Ralph Doolan (r). For ITL of the bill.

    That's all I know on the members. The full list of the members is below:

    Ed Butler (d) the Chairman Carroll- District 07. Lives in HARTS LOCATION. edofthenotch@aol.com (603)374-6131
    Catherine Mulholland (d) - Grafton- District 17. Lives in GRAFTON. cmulholland134@gmail.com (603)523-4497
    Donna Schlachman (d) Vice chair, Rockingham- District 18. Lives in EXETER. donna.schlachman@leg.state.nh.us (603)772-4934
    Angeline Kopka (d) Hillsborough- District 28. Lives in NASHUA. NO EMAIL (603)577-5561
    Kenneth Gidge (d) Hillsborough- District 33. Lives in NASHUA. kgidge@aol.com (603)888-2355
    Joe Scarlotto (d) Rockingham- District 31. Lives in PORTSMOUTH. joe.scarlotto@leg.state.nh.us (603)501-1800
    Chris Muns (d) Committee clerk. Rockingham- District 21. Lives in HAMPTON. chris.muns@leg.state.nh.us (603)929-3629
    Jill Hammond (d) Hillsborough- District 24. Lives in PETERBOROUGH. jshafham@gmail.com (603)547-0715
    Ruth Heden (d) Hillsborough- District 23. Lives in MILFORD. ruth.heden@leg.state.nh.us (603)673-7036
    Richard McNamara (d) Hillsborough- District 38. Lives in HILLSBOROUGH. richard.mcnamara@leg.state.nh.us (603)464-0212
    Kermit Williams (d) Hillsborough- District 04. Lives in WILTON. kermit.williams@leg.state.nh.us (603)654-7684

    John Hunt (r) Cheshire- District 11. Lives in RINDGE. jbhunt@prodigy.net (603)899-6000
    Donald Flanders (r) Belknap- District 03. Lives in LACONIA. dflanders@metrocast.net (603)524-5369
    Ronald Belanger (r) Rockingham- District 08. Lives in SALEM. ron.belanger@leg.state.nh.us (603)893-0659
    Frederick Rice (r) Rockingham- District 21. Lives in HAMPTON. fred.rice@leg.state.nh.us (603)929-1517
    Pamela Tucker (r) Rockingham- District 23. Lives in GREENLAND. pam.tucker@leg.state.nh.us (603)431-8982
    Laura Jones (r) Strafford- District 24. Lives in ROCHESTER. laurajonesnh@gmail.com (603)948-2264
    Keith Murphy (r) Hillsborough- District 07. Lives in BEDFORD. rep.keithmurphy@gmail.com (603)488-5792
    Ralph Doolan (r) Grafton- District 01. Lives in Littleton. rjdoolan@ncia.net (603)259-3187
    Emily Sandblade (r) Hillsborough- District 18. Lives in MANCHESTER. representative.emily.sandblade@gmail.com (603)845-3228

    Now I've gone and compiled these emails into a nice format that can be pasted into your email client. There will be one message for Democrats and one for Republicans.

    For the Democrats on the committee please email them this:

    To: chris.muns@leg.state.nh.us, edofthenotch@aol.com, donna.schlachman@leg.state.nh.us, cmulholland134@gmail.com, joe.scarlotto@leg.state.nh.us, kgidge@aol.com, jshafham@gmail.com, ruth.heden@leg.state.nh.us, richard.mcnamara@leg.state.nh.us, kermit.williams@leg.state.nh.us

    Subject:ITL HB 1589

    To the members of the Commerce Committee:

    This bill is an infringement on civil rights that is a solution in search of a problem. Since there is no problem that needs to be addressed, there is no amendment that will make this bill acceptable.

    As a member of the House of Representatives you swore an oath to defend the New Hampshire Constitution. This bill would violate it.
    New Hampshire already has law addressing what this bill seeks to “solve.” RSA 159:7 states: "No person shall sell, deliver, or otherwise transfer a pistol, revolver or any other firearm, to a person who has been convicted, in any jurisdiction, of a felony." Also, as it relates to handguns, RSA 159:14 states: "None of the provisions of this chapter shall prohibit an individual not licensed under the provisions thereof who is not engaged in the business of selling pistols or revolvers from selling a pistol or revolver to a person licensed under this chapter or to a person personally known to him." This section is one of the more difficult to read but in laymen's terms it says that a NH resident cannot sell a handgun to another NH resident unless that person is personally known to them (implying that you know if they are a felon or not) or that person has in their possession a valid pistol and revolver license for which a background check is performed during the approval process.

    It is apparent that these two RSA's work because New Hampshire is the second safest state in the country, beaten only by Maine by a slim margin (which also has similar laws to NH). States that have the law proposed in this bill: NY, IL, MD, and CA are much less safe than NH. The state closest to NH with a law similar to the one proposed in this bill, Massachusetts, has a much higher murder and violent crime rate.

    This law will have the opposite effect of making New Hampshire less safe. Why? Because if you are going to make a currently legal activity (private sale of private property) illegal, not only will many choose not to abide by this Malum Prohibitum law, they will say "Screw it, since I'm already breaking this law, why bother following all the other state and federal laws?" Do you really want to create a huge criminal class overnight who no longer have any regard for the law? If those people now have no regard for the law, they may just decide to exercise Article 10 of the NH Constitution.

    This is an election year. I will be watching how each member of the committee votes. If you vote against the constitution and break your oath, I will devote my efforts of time and money to ousting you in the primary and general election either as a candidate myself or by supporting someone who will uphold the constitution.

    Sincerely,
    Name
    Address
    Town, State, ZIP
    For the Republican members please send this email:
    To: jbhunt@prodigy.net, dflanders@metrocast.net, ron.belanger@leg.state.nh.us, fred.rice@leg.state.nh.us, pam.tucker@leg.state.nh.us, laurajonesnh@gmail.com, rep.keithmurphy@gmail.com, rjdoolan@ncia.net, representative.emily.sandblade@gmail.com

    Subject:ITL HB 1589

    To the Republican members of the Commerce Committee:

    This bill is an infringement on civil rights that is a solution in search of a problem. Since there is no problem that needs to be addressed, no amendment will make this bill acceptable.
    As a member of the House of Representatives you swore an oath to defend the New Hampshire Constitution. This bill would violate it. As a Republican Party member, you are bound by the party platform listed below:

    “We believe that our founding fathers placed the 2nd Amendment in a position of prominence with intent; that law-abiding citizens of the United States of America have a right to protect and defend their lives, their families and their property without government infringement.”

    This is an election year. I will be watching how each member of the committee votes. If you as a member of the Republican Party vote against the party platform and the constitution, I will devote my efforts of time and money to ousting you in the primary and general election either as a candidate myself or by supporting someone who will uphold the constitution.

    Sincerely,
    Name
    Address
    Town, State, ZIP
    Please send this email every day. and have your friends send the email every day. ESPECIALLY if you know someone who lives in one of the districts of these committee members.

    Use my letter or draft your own, I do not care but send them SOMETHING opposing this bill (and amendment).

  6. #6
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    Every journey starts with a step, which is why we need to yell at the top of our lungs that this is the wrong journey down a bad path.

  7. #7

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    "ascertained"....

    A) "Hey, nice gun - you want to sell it?"
    B) "Sure, you allowed to own it?"
    A) "Yup"
    B) "OK, sold"

    ascertained

  8. #8
    NES Member soloman02's Avatar
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    Got a response from a Rep:
    Thank you for your e-mail.

    There are 11 Democrats and 9 Republicans on the Commerce Committee. We are simply outnumbered.

    The solution to the problem you state is to work harder and do more to elect Republicans in the next election.

    Sincerely,

    Rep. Fred Rice
    Commerce and Consumer Affairs Committee
    Rockingham District 21 - Hampton
    Also, I also just got a delivery failure for Angeline Kopka
    angeline.kopka@leg.state.nh.us

    Apparently she is 97. I don't think she uses email .

  9. #9
    NES Member soloman02's Avatar
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    GONH posted an alert. 5 Republicans publicly oppose the bill.


    MINUTEMAN ALERT -- ACTION NEEDED!!

    ACTION NEEDED ON HB1589 WHICH REQUIRES BACKROUND CHECKS FOR FIREARM SALES AND IS NOW ON ITS 4TH AMENDED CHANGE!!!!

    THE EXECUTIVE SESSION AND COMMITTEE VOTE IS SCHEDULED FOR TUESDAY, FEBRUARY 4th, AT 2:30pm (The time is tentative and may change) AT THE N.H. LEGISLATIVE OFFICE BUILDING (LOB) ROOM 302 IN CONCORD N.H. WE CAN NOT TESTIFY AT AN EXECUTIVE SESSION, HOWEVER WE CAN SHOW UP TO SHOW THEM THAT WE ARE PAYING ATTENTION AND OPPOSE THIS BILL.

    HB1589 was originally introduced by Elaine Andrew-Ahearns, a Democrat State Representative from North Hampton, NH. She has been working with certain gun control advocacy groups on this particular bill, specifically New Castle Promise, which is the same group who is working with Sandy Hook Promise and who also helped Bloomberg's No More Names Tour come to New Hampshire last summer.

    The original bill, which would require background checks on ALL firearms sales was heard by the committee on January 21st, and from there has been changed 3 times!!! The newest amendment, which is NOT posted on the state house website has been attached for you to view, however the chair of the COMMERCE AND CONSUMER AFFAIRS Committee Democrat Edward Butler, and also the sponsor of this newest amendment has decided to change the bill FURTHER and will TRY to have its 4th amended change done by Monday, February 3rd at 5pm. Also, if this passes the house, it THEN goes to the Criminal Justice and Public Safety Committee so they can amend or change any penalties that go along with this bill and then needs ANOTHER vote by the House to pass THEIR changes. It's simple, rather than waste everyone's time with a 2-committee bill (which is the first time GO-NH has heard of a bill needing to pass 2 committees) just kill it! Again there is no fixing this!

    The Gun Owners of New Hampshire Legislative Committee have been to all of the hearings, have seen all the proposed changes and can say with certainty that this bill yet again, targets the law abiding citizens of New Hampshire and NOT THE CRIMINALS! Why are our legislators trying to in their minds "fix" something when in reality NOTHING is not broken? New Hampshire does NOT need gun control advocacy groups from other states targeting our state with their gun control agendas.

    We need your phone calls, emails, and letters to this committee to explaining that New Hampshire is not New York or Connecticut. There is NO WAY TO CHANGE THIS INTO A "GOOD" BILL OTHER THAN FOR THE COMMITTEE TO VOTE ITL (Inexpedient to Legislate, meaning to kill this bill)

    Here are the numbers to call:

    All members of the House Commerce and Consumer Affairs Committee:

    Representative Edward Butler (D-7), Chairman and sponsor of the amended bill.
    Harts Location
    (603) 271-3369
    edofthenotch@aol.com

    Representative Donna Schlachman (D-18), Vice Chairman
    Exeter
    (603) 772-4934
    donna.schlachman@leg.state.nh.us

    Representative Chris Muns (D-21), Clerk
    Hampton
    (603) 929-3629
    chris.muns@leg.state.nh.us

    Representative Angeline Kopka (D-28)
    Nashua
    (603) 577-5561

    Representative Catherine Mulholland (D-17)
    Grafton
    (603) 523-4497
    cmulholland134@gmail.com

    Representative Joe Scarlotto (D-31)
    Portsmouth
    (603) 501-1800
    joe.scarlotto@leg.state.nh.us

    Representative Donald Flanders (R-3)-publically opposes this bill, call and thank him!
    Laconia
    (603) 524-5369
    dflanders@metrocast.net

    Representative Pamela Tucker (R-23)-publically opposes this bill, call and thank her!
    Greenland
    (603) 431-8982
    pam.tucker@leg.state.nh.us

    Representative Ralph Doolan (R-1)
    Littleton
    (603) 259-3187

    Representative Kenneth Gidge (D-33)
    Nashua
    (603) 888-2355
    kgidge@aol.com

    Representative Ruth Heden (D-23)
    Milford
    (603) 673-7036
    ruth.heden@leg.state.nh.us

    Representative Kermit Williams (D-4)
    Wilton
    (603) 654-7684
    kermit.williams@leg.state.nh.us

    Representative Ronald Belanger (R-8)
    Salem
    (603) 893-0659
    ron.belanger@leg.state.nh.us

    Representative Laura Jones (R-24)-publically opposes this bill, call and thank her!
    Rochester
    (603) 948-2264
    laurajonesnh@gmail.com

    Representative Emily Sandblade (R-18)-publically opposes this bill, call and thank her!
    Manchester
    (603) 845-3228
    representative.emily.sandblade@gmail.com

    Representative Jill Hammond (D-24)
    Peterborough
    (603) 547-0715
    jshafham@gmail.com

    Representative Richard McNamara (D-38)
    Hillsborough
    (603) 464-0212
    richard.mcnamara@leg.state.nh.us

    Representative John Hunt (R-11)
    Rindge
    (603) 899-6000
    jbhunt@prodigy.net

    Representative Frederick Rice (R-21)
    Hampton
    (603) 929-1517
    fred.rice@leg.state.nh.us

    Representative Keith Murphy (R-7)-publically opposes this bill, call and thank him!
    Bedford
    (603) 488-5792
    rep.keithmurphy@gmail.com

    We also need you to make extra calls to Representative John Hunt, as he is the ranking republican/minority leader of the committee and let him know that he took an oath to uphold the constitution and HB1589 needs nothing more than an ITL vote: (603) 899-6000.

    Also contact House Minority Leader Representative Gene Chandler and tell him that you expect him to make sure all of his members vote ITL on HB 1589: (603) 374-6603.

    Lastly, please call your own state representatives and let them know that WE the People of New Hampshire expect them to listen to their constituents, uphold the constitution, fulfill their duties, and vote ITL on HB1589.

    Let your voices be heard!!!!

    Be VERY FIRM (yet polite) and demand them to KILL the Bill.

  10. #10

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    Quote Originally Posted by soloman02 View Post
    There are 9 Republicans on the committee out of a total of 20 members. We only need them plus 2 Democrats to vote ITL, but as always more is better.
    Good point. We need to keep all the republicans, and convince some 2 democrats that this is a career-limiting move. Here's some more on the committee members:

    • Ed Butler (d) Carroll District 7 (Committee Chair) NRA rated him "C" in 2010, no help from Ed. Contact him if his is your rep.
    • Donna Schlachman (d) Rockingham District 18 (Vice chair, Co-sponsor of the bill) Contact Donna if she is your rep.
    • Angeline Kopka (d). Need a valid email, profile shows she does use email. NRA gave her a "D" in 2010.
    • Jill Hammond (d) Hillsborough H24 unlikely to vote for ITL
    • Kenneth Gidge (d) Hillsborough District 33. For ITL of the original bill. U]unlikely to vote for ITL[/U], NRA rated him "C" in 2010
    • Richard McNamara (d) Hillsborough- District 38. unlikely to vote for ITL
    • Ruth Heden (d) Hillsborough- District 23. [COLOR="#000080"]unlikely to vote for ITL[/COLOR
    • Catherine Mulholland (d). Grafton District 17. NRA gave her a "D"
    • Joe Scarlotto (d) Rockingham- District 31. Will need convincing to vote for ITL, but did run on a law-and-order platform.
    • Kermit Williams (d) Hillsborough- District 04. Unlikely to vote for ITL, ran on individual freedoms platform (see facebook)
    • Pamela Tucker (r) Rockingham- District 23. NRA Rated "C" in 2010.
    • John Hunt (r) Cheshire- District 11. Likely for ITL, good to contact him anyway, especially if he is your rep.
    • Laura Jones (r) Strafford- District 24. Solidly on our side.
    • Emily Sandblade (r) Hillsborough- District 18. Seems pretty solid.
    • Ralph Doolan (r). For ITL of the bill.
    • Donald Flanders (r) Belknap- District 03. NRA Rated him "B" in 2010
    • Ronald Belanger (r) Rockingham- Seems pretty solid.
    • Frederick Rice (r) Rockingham- Seems pretty solid.
    • Keith Murphy (r) Hillsborough- District 07. Seems pretty solid.


    We need to remind each and every committee member that we will be watching how each member of the committee votes and will remember their voting record on this committee when they are up for re-election.

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