laura jones responded to my message urging opposition to the bill with "will do!" so that's nice to see. no responses from anyone else however.
I got the almost the same message...
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laura jones responded to my message urging opposition to the bill with "will do!" so that's nice to see. no responses from anyone else however.
but!!!!!!!! GUN LAWS CAN NEVER COME TO NH!!!!!
Until they lose the Senate.They usually get tabled by our Republican lead Senate like this one probably will.
TL;DR version the full committee votes on HB 1589 on Tuesday, February 4. Oh, and give money to NHFC
Credit for the video goes to Oathkeeper Ken OK Park Jr. and the person who asked the initial question (When can we see the amendment?) was Susan Olsen, who later reports she got the runaround when she actually tried to leave contact information to get a copy of this mysterious new amendment.
Lots of people at the hearing opposing the bill, yet the chair is intent on passing the bill. I have received a hard copy of the amendment. I will try to get this posted tonight.
-Design
Maybe an organized protest outside of the inn he owns up in Harts Location (just to the Northwest of Conway)?
INI couldn't make it. But. What can we do to make the chair stand down? Obviously, mass numbers of emails, phone calls and people showing to the hearings in opposition is not working.
There must be another way without resorting to violence.
If he is all that stands in the way of the bill being ITL'd then we need to find a way to quote "break him."
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Maybe an organized protest outside of the inn he owns up in Harts Location (just to the Northwest of Conway)?
The Commerce and Consumer Affairs Committee committee chair can play all the games he wants with schedules and amendments, but eventually this has to come to a vote.
Also, assuming this bill makes it out of the Commerce and Consumer Affairs Committee, it still has to pass the criminal justice committee, then a full vote. Tuesday's vote is just the first of many chances to stop this bill.
I really want to see what's in this new amendment.
Susan Olsen said:After today’s sub-committee “hearing” on HB 1589, Universal Background Checks, I am saddened to have to admit to myself that any foolish beliefs I held about representative government and due process are the stuff of children’s dreams. I’ve always liked to believe that I am a logical, rational person who is able to connect dots; when I cannot, I used to believe that sound, in-depth research would lead me to facts, and ultimately, truths. Maybe not truths that I liked, but truths nevertheless.
What I am saying is I am fully convinced that that the fix is in on HB 1589…[you'll see below the amendment handed out today which we were told they plan to amend again before Tuesday's Executive Session] The chair of the committee, Ed Butler, Democrat of Hart’s Location, could care less about 1000s of emails and hundreds of phones opposing gun registration – the ultimate goal of HB 1589. He says “appreciates” our points of view, he says ‘respects” our opinions, but from where I sat today, he seemed as though he could give a red rat’s rear-end about our rights when he believes they should be restricted, if allowed at all. He and the bill’s prime sponsor, Elaine “Blood Red Shoes” Andrews-Ahern (lord I hate the pretension of hyphenated names), are hell-bent on sneaking the camel’s nose of gun registration underneath the statutory tent.
Make no mistake. The aberration of a piece of legislation is still metastasizing and the newest growths will not be revealed until sometime Tuesday morning before the full committee meets to “exec” it.
Rep. Butler, Carr. 7
Rep. Andrews-Ahearn, Rock. 37
January 30, 2014
2014-0331h
04/05
Amendment to HB 1589-FN
Amend the title of the bill by replacing it with the following:
AN ACT requiring a criminal background check for certain firearm sales or transfers.
Amend the bill by replacing all after the enacting clause with the following:
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. The general court believes this law will protect public safety by helping to keep guns out of the hands of felons, domestic abusers, the dangerously mentally ill.
2 New Chapter; Universal Background Checks for Firearms Sales. Amend RSA by inserting after chapter 159-D the following new chapter:
CHAPTER 159-E
UNIVERSAL BACKGROUND CHECKS FOR FIREARMS SALES
159-E:1 Definitions. As used in this chapter:
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.
II. “Firearm” means any weapon or device designed to be used as a weapon, which will, is designed to, or may be readily converted to expel a projectile by the action of an explosive, explosion, or other means of combustion, or the frame or receiver of such a device, provided the term “firearm” shall not include the term “antique firearm” as defined in 18 U.S.C. section 921(a)(16), or a weapon that has been rendered permanently inoperable and is incapable of being readily restored to a firing condition.
III. “Individual” means a natural person.
IV. “Law enforcement” means any person employed by the United States, or a state, county, city, municipality, village, township, or other political subdivision as a police officer, peace officer, or another position involving the enforcement of the law and protection of the public interest.
V. “Licensed firearms dealer,” “licensed dealer,” or “dealer” means a person who has a valid federal firearms dealer license under 18 U.S.C. section 923(a), and all additional licenses required by state or local law to engage in the business of selling firearms.
VI. “Person” means any corporation, company, association, firm, partnership, club, organization, society, joint stock company or other entity, and shall include any entity that engages in business in this state, in whole or part, through Internet or mail order sales.
VII. “Prohibited person” means any person who is prohibited from owning or possessing a firearm pursuant to 18 U.S.C. section 922(d) or pursuant to state law.
159-E:2 Firearms Sales to be Conducted Through a Licensed Dealer.
I. No person shall engage in the commercial sale of a firearm unless:
(a) The person is a licensed firearms dealer;
(b) The purchaser is a licensed firearms dealer; or
(c) The requirements of paragraph II are met.
II. If neither party to a prospective firearms transaction is a licensed firearms dealer, the parties to the transaction shall complete the commercial sale through a licensed firearms dealer as follows:
(a) The seller shall deliver the firearm to the dealer, who shall process the sale as if he or she were the seller, except that the seller may remove the firearm from the business premises of the licensed dealer while the background check is being conducted. If the seller removes the firearm from the business premises of the licensed dealer while the background check is being conducted, the purchaser and the seller shall return to the business premises of the licensed dealer, and the seller shall again deliver the firearm to the licensed dealer prior to completing the sale.
(b) Except as provided in subparagraph (a), the dealer shall comply with all requirements of federal, state, and local law that would apply if the licensed dealer were selling the firearm from his or her inventory to the purchaser, including but not limited to, conducting a background check on the prospective purchaser, which shall include a check of the National Instant Criminal Background Check System (NICS), and compliance with all federal, state, and local recordkeeping requirements.
(c) If the transaction is not prohibited, the dealer shall deliver the firearm to the buyer after all legal requirements are met.
(d) If the dealer cannot legally deliver the firearm to the buyer, the dealer shall return the firearm to the seller and the transfer to the buyer shall not take place.
(e) The dealer may require the purchaser to pay a reasonable fee.
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.
159-E:4 Penalties.
I. Any person who violates any provision of this chapter shall be guilty of a class B misdemeanor for a first offense, and a class A misdemeanor for a second or subsequent offense. Each day or portion of a day during which a violation of this chapter is committed or continues shall constitute a separate offense.
II. The local law enforcement agency shall report all violations of this chapter by a licensed firearms dealer to the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
159-E:5 Other Laws.
I. Nothing in this chapter shall be construed to modify or change the duties of the department of safety pursuant to RSA 159-D.
II. Nothing in this chapter shall be construed to require or authorize any state, county, or local law enforcement agency to establish or maintain a registry of firearms sold or transferred in accordance with this chapter.
3 Applicability. The provisions of section 2 of this act shall apply to the sale of a firearm on or after the effective date of this act and shall not apply to sales completed prior to the effective date of this act.
4 Effective Date. This act shall take effect January 1, 2015.
Rep. Laura Jones said:Butler admitted today that this bill is the first incremental step for NH.
I'd just keep writing in that RSA 159 'as is' is sufficient and it works for New Hampshire.
Second, New Hampshire already has law addressing this. 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.
Amendment said:" 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.
Rep. Butler, Carr. 7
Rep. Andrews-Ahearn, Rock. 37
January 30, 2014
2014-0331h
04/05
Amendment to HB 1589-FN
Amend the title of the bill by replacing it with the following:
AN ACT requiring a criminal background check for certain firearm sales or transfers.
Amend the bill by replacing all after the enacting clause with the following:
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. The general court believes this law will protect public safety by helping to keep guns out of the hands of felons, domestic abusers, the dangerously mentally ill.
2 New Chapter; Universal Background Checks for Firearms Sales. Amend RSA by inserting after chapter 159-D the following new chapter:
CHAPTER 159-E
UNIVERSAL BACKGROUND CHECKS FOR FIREARMS SALES
159-E:1 Definitions. As used in this chapter:
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.
II. “Firearm” means any weapon or device designed to be used as a weapon, which will, is designed to, or may be readily converted to expel a projectile by the action of an explosive, explosion, or other means of combustion, or the frame or receiver of such a device, provided the term “firearm” shall not include the term “antique firearm” as defined in 18 U.S.C. section 921(a)(16), or a weapon that has been rendered permanently inoperable and is incapable of being readily restored to a firing condition.
III. “Individual” means a natural person.
IV. “Law enforcement” means any person employed by the United States, or a state, county, city, municipality, village, township, or other political subdivision as a police officer, peace officer, or another position involving the enforcement of the law and protection of the public interest.
V. “Licensed firearms dealer,” “licensed dealer,” or “dealer” means a person who has a valid federal firearms dealer license under 18 U.S.C. section 923(a), and all additional licenses required by state or local law to engage in the business of selling firearms.
VI. “Person” means any corporation, company, association, firm, partnership, club, organization, society, joint stock company or other entity, and shall include any entity that engages in business in this state, in whole or part, through Internet or mail order sales.
VII. “Prohibited person” means any person who is prohibited from owning or possessing a firearm pursuant to 18 U.S.C. section 922(d) or pursuant to state law.
159-E:2 Firearms Sales to be Conducted Through a Licensed Dealer.
I. No person shall engage in the commercial sale of a firearm unless:
(a) The person is a licensed firearms dealer;
(b) The purchaser is a licensed firearms dealer; or
(c) The requirements of paragraph II are met.
II. If neither party to a prospective firearms transaction is a licensed firearms dealer, the parties to the transaction shall complete the commercial sale through a licensed firearms dealer as follows:
(a) The seller shall deliver the firearm to the dealer, who shall process the sale as if he or she were the seller, except that the seller may remove the firearm from the business premises of the licensed dealer while the background check is being conducted. If the seller removes the firearm from the business premises of the licensed dealer while the background check is being conducted, the purchaser and the seller shall return to the business premises of the licensed dealer, and the seller shall again deliver the firearm to the licensed dealer prior to completing the sale.
(b) Except as provided in subparagraph (a), the dealer shall comply with all requirements of federal, state, and local law that would apply if the licensed dealer were selling the firearm from his or her inventory to the purchaser, including but not limited to, conducting a background check on the prospective purchaser, which shall include a check of the National Instant Criminal Background Check System (NICS), and compliance with all federal, state, and local recordkeeping requirements.
(c) If the transaction is not prohibited, the dealer shall deliver the firearm to the buyer after all legal requirements are met.
(d) If the dealer cannot legally deliver the firearm to the buyer, the dealer shall return the firearm to the seller and the transfer to the buyer shall not take place.
(e) The dealer may require the purchaser to pay a reasonable fee.
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.
159-E:4 Penalties.
I. Any person who violates any provision of this chapter shall be guilty of a class B misdemeanor for a first offense, and a class A misdemeanor for a second or subsequent offense.
Each day or portion of a day during which a violation of this chapter is committed or continues shall constitute a separate offense.
II. The local law enforcement agency shall report all violations of this chapter by a licensed firearms dealer to the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
159-E:5 Other Laws.
I. Nothing in this chapter shall be construed to modify or change the duties of the department of safety pursuant to RSA 159-D.
II. Nothing in this chapter shall be construed to require or authorize any state, county, or local law enforcement agency to establish or maintain a registry of firearms sold or transferred in accordance with this chapter.
3 Applicability. The provisions of section 2 of this act shall apply to the sale of a firearm on or after the effective date of this act and shall not apply to sales completed prior to the effective date of this act.
4 Effective Date. This act shall take effect January 1, 2015.