'17 NH Constitutional Carry, SB12 is law & U can carry if U can own, including MA res

mikem317 said:
I believe you're right. I don't know her full voting record but she's a young, libertarian-leading Democrat.
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In today's Democratic Party that is a contradiction in terms.

design said:
Thank you to all that made this happen. SB12 would not be headed to the Governor's desk without your help.
For those that want to help out, NHFC is $20/year to join and there are other fights in the future worth investing in.
BTW: we still need to stop HB350 and HB201
http://www.nhfc-ontarget.org/

-Design
PS. Buy a rifle to celebrate and help the cause: http://www.nhfc-ontarget.org/custom-nhfc-rifles/
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Are HB350 and HB201 on the calendar yet?
 
I can just picture the gun grabbing attorneys generals of MA and CT channeling Obi Wan Kenobi as they point north towards New Hampshire and unload all of their gun crime problems as being NH in origin...."There, New Hampshire. Never will you find a more wretched hive of scum and villainy. We must be careful"
 
omega42 said:
Are HB350 and HB201 on the calendar yet?
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Yes, for this coming Wednesday and Thursday:

From the Calendar:
Part I
CRIMINAL JUSTICE AND PUBLIC SAFETY
HB 350-FN, prohibiting possession of a firearm at a polling place. MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS.
Rep. John Burt for the Majority of Criminal Justice and Public Safety. This bill seeks to repeal the rights of law-abiding NH citizens to carry a loaded firearm discretely in any polling place primarily because many NH schools serve as polling places during local, state and national elections. The bill would make violation of it by law-abiding citizens - and even law enforcement officers - a Class B felony. It is a poor solution in search of a non-existent problem. Vote 9-7.
Rep. Kate Murray for the Minority of Criminal Justice and Public Safety. The minority of the committee believes that this bill raises issues which the state would do well to consider: first and foremost, examining the conflict between federal and state law regarding firearms in schools, particularly when schools are used for polling places. The minority would welcome the opportunity to examine, with all stakeholders present and participating, the problems that both HB201 and this bill were intended to resolve. Retaining this bill would have given time to identify and define said problems and remedies. The minority recognizes that universal agreement may not be possible but subcommittee work sessions could lead to improvements to current law

Part II

HB 201-FN, requiring background checks for commercial firearms sales. MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS.
Rep. John Burt for the Majority of Criminal Justice and Public Safety. The Gun Control Act of 1968 (GCA), as amended by the Brady Act, prescribes the legal purchase and sale of firearms by individuals. As amended, the GCA also prescribes how persons who are in the business of purchasing and selling guns may do so. This bill would not only stand these federal laws on their heads but potentially violate them as well. As written, the bill imagines a mythical “gun show loophole” where Federal Firearms Licensees (FFL) sell firearms out of the back of trucks or from under tables. The bill ignores the GCA provisions that describe the only manner in which FFL’s may legally sell firearms away from their physical business location. As written, this bill would make the “transfer” of a firearm mean the same as the “sale” of a firearm requiring anyone looking at or touching a firearm subject to a National Instant Criminal Background Check. It would also make the person displaying the firearm or “transferring” a firearm to someone also subject to a National Instant Criminal Background Check. Through this conflated language, this bill would shut down firearm sales and training in New Hampshire by making the process so arduous and expensive that none could comply. Even this bill’s stated purpose - “to create a record of each sale”- is a clear violation of law. Lastly, this bill implies that law-abiding citizens cannot be trusted to follow the law but that criminals will. It implies that federal and state firearms laws and regulations do not exist and, even if they did, they are not adequate. It perverts the language to burden firearms sales, purchase and training so as to extinguish them all. Finally, its call for the creation of a registry is illegal. Vote 12-4.
Rep. Beth Rodd for the Minority of Criminal Justice and Public Safety. Last year New Hampshire conducted over 165,000 background checks to keep guns out of the hands of felons, domestic abusers, and other prohibited persons. But guns sold in New Hampshire through private sales at gun shows, online, or the classifieds do not currently require a background check. Requiring a background check every time a gun is sold is effective in keeping guns out of the hands of those with a criminal record. This bill will require a background check for all commercially advertised sales, defined as a sale, transfer, or exchange of a firearm that takes place at or on the curtilage of an offer to sell or buy a firearm at a gun show, or from an advertisement, posting, listing, or display. This just makes sense – responsible gun owners shouldn’t put guns in the hands of people they don’t know. This bill does not affect law-abiding New Hampshire gun owners selling and trading guns between friends and family. Under this bill, commercially advertised gun sales would require a criminal background check through a federally licensed dealer using the same background check system already used in all dealer sales. A comprehensive Department of Justice study of background checks nationally from 1999 to 2010 found that a felony conviction or indictment was the most common reason to deny an application during FBI (63%) and state (50.7%) background checks. Domestic abusers attempting to purchase guns accounted for the second most common reason of denials during FBI (15.5%) and state (13.2%) background checks. This bill would close the background check loopholes, help keep guns out of the hands of dangerous criminals, and save lives. An overwhelming 89% of Granite Staters support background checks – including a majority of gun owners and NRA members.
 
VetteGirlMA said:
I can just picture the gun grabbing attorneys generals of MA and CT channeling Obi Wan Kenobi as they point north towards New Hampshire and unload all of their gun crime problems as being NH in origin...."There, New Hampshire. Never will you find a more wretched hive of scum and villainy. We must be careful"
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FWIW, there are some of the pro-liberty crowd that want to extend our freedoms south. Freedom is meant to be shared.

PM me if you are interested in the effort. Long range planning at this point but, the laws down there are pathetic and need to be changed.
 
Sniper (+) said:
"This section shall not apply to law enforcement officers"

I'm getting SO sick of that phrase being used all over the place.
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TITLE XVIII
FISH AND GAME

CHAPTER 215-A
OFF HIGHWAY RECREATIONAL VEHICLES AND TRAILS

Section 215-A:20

215-A:20 Loaded Firearms Forbidden. – No person shall carry on an OHRV, or a trailer towed by same, any firearms unless said firearm is unloaded. This section shall not apply to law enforcement officers carrying firearms in the course of duty or to pistols carried under a permit issued pursuant to the authority of RSA 159.
Source. 1981, 538:3, eff. June 30, 1981.


So what is this "pistol carried under permit issued pursuant to the authority of.......? So if you have a permit from NH then you are exempt from this fish and game law? Which if true that would mean constitutional carry would still need a license or be subjected to this restriction?
 
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How long was a "lifetime" FID actually valid for our friends down in Mass?

mikem317 said:
We should also get a bill filed to extend a P&R license expiration for life too.
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The 5 year term is a good number. It puts NH in a better position for future gains in both reciprocity and also is the longest validity allowable for a state-issued license to serve as a replacement for the Brady background check, see § 922 (s)(1)(C)(i)(II).

Brady Act said:
Brady Exemption: A person holding a state-issued permit allowing the person to acquire or possess firearms (e.g., a concealed weapons permit) is not required to undergo a background check if the permit was issued: (1) within the previous five years in the state in which the transfer is to take place; and (2) after an authorized government official has conducted a background investigation to verify that possession of a firearm would not be unlawful. Permits issued after November 30, 1998 qualify as exempt only if the approval process included a NICS check. If the state-issued permit qualifies for the exemption, the permit-holder is not required by federal law to undergo a background check before purchasing a gun.
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Looks like NH would need to explicitly do a NICS check for the resident P&R would qualify as an exemption to the Brady check. I wouldn't want to see NICS called out in the law for all permits because we don't want to see a repeat of the Alaska fiasco of 2006.

Perhaps a checkbox on the application form? If you choose the option, your new piece of onionskin would have a nice friendly stamp on the front reading "NICS-Exempt" (similar to Alaska's current process).
 
robjax said:
TITLE XVIII
FISH AND GAME

CHAPTER 215-A
OFF HIGHWAY RECREATIONAL VEHICLES AND TRAILS

Section 215-A:20

215-A:20 Loaded Firearms Forbidden. – No person shall carry on an OHRV, or a trailer towed by same, any firearms unless said firearm is unloaded. This section shall not apply to law enforcement officers carrying firearms in the course of duty or to pistols carried under a permit issued pursuant to the authority of RSA 159.
Source. 1981, 538:3, eff. June 30, 1981.


So what is this "pistol carried under permit issued pursuant to the authority of.......? So if you have a permit from NH then you are exempt from this fish and game law? Which if true that would mean constitutional carry would still need a license or be subjected to this restriction?
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There is another bill to eliminate the loaded firearm issue in 215-A.
 
The only thing I don't like about this law is that includes federal law as being a disqualifier. We don't otherwise incorporate federal law into our gun laws, including our state definition of a prohibited person.

I'm still celebrating, but we need to fix that down the line.
 
devldog131 said:
When is Sununu expected to sign this?

Sent from my SAMSUNG-SM-G925A using Tapatalk
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http://www.northeastshooters.com/vb...-this-passed?p=5405646&viewfull=1#post5405646

soloman02 said:
... First, the bill is looked at by the House and senate clerks for typos. Then both the Senate president and House speaker sign off that everything is correct. Then the Secretary of State drafts the bill onto high quality paper (this might be first) and then it is sent to the governors desk.

This process can take anywhere from a week. So unless the Speaker and Senate president want this rushed, I suspect the earliest we will see this on the governors desk is next Friday, 2/17. Then from there the governor has 5 consecutive days to sign or veto it before it automatically becomes law without his signature. Meaning Con carry in NH would be law by Tuesday 2/21 if he received it on 2/17.

Before March begins NH will be a con carry state.
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soloman02 said:
First, the bill is looked at by the House and senate clerks for typos. Then both the Senate president and House speaker sign off that everything is correct. Then the Secretary of State drafts the bill onto high quality paper (this might be first) and then it is sent to the governors desk. This process can take anywhere from a week.
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Something any private company could do in 20 minutes
 
By the way, I noticed this in one of the press reports on the bill's passage:

As for the law's possible implications, 2nd Amendment expert and New Hampshire lawyer Penny Dean explained that out-of-state visitors excited to be able to carry openly or concealed in the Granite State should still keep in mind that they need a nonresident pistol or revolver permit.
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Is she right (which, frankly, might be a first)? Is this limited to residents? I thought the wording of the Bill was such that resident status was irrelevant.
 
I read the bill. It makes no mention of residency. Quite the contrary:

The availability of a license to carry a loaded pistol or revolver under this section or under any other provision of law shall not be construed to impose a prohibition on the unlicensed transport or carry of a firearm in a vehicle, or on or about one’s person, whether openly or concealed, loaded or unloaded, by a resident, nonresident, or alien if that individual is not otherwise prohibited by statute from possessing a firearm in the state of New Hampshire.

<http://gencourt.state.nh.us/bill_Status/billText.aspx?sy=2017&id=154&txtFormat=html>
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ScottS said:
By the way, I noticed this in one of the press reports on the bill's passage:



Is she right (which, frankly, might be a first)? Is this limited to residents? I thought the wording of the Bill was such that resident status was irrelevant.
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Bill applies to both NH residents and non-residents.

So I have no idea what she's referring to.

III. The availability of a license to carry a loaded pistol or revolver under this section or under any other provision of law shall not be construed to impose a prohibition on the unlicensed transport or carry of a firearm in a vehicle, or on or about one’s person, whether openly or concealed, loaded or unloaded, by a resident, nonresident, or alien if that individual is not otherwise prohibited by statute from possessing a firearm in the state of New Hampshire.
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