Danville Voters Passed an Ordinance Banning Shooting on Town Property

[soloman02]

Link to ballot results: http://www.townofdanville.org/documents/SKMBT_C36415031020500.pdf

This matters because there is town property that has been used for public shooting.

Thing is, the town does not have the authority to do this.

Here are the RSA's they state give them the power to ban shooting on town property.

31:39 Purpose and Penalties. –
I. Towns may make bylaws for:
(a) The care, protection, preservation and use of the public cemeteries, parks, commons, libraries and other public institutions of the town;

http://gencourt.state.nh.us/rsa/html/III/31/31-39.htm

207:59 Exclusive Authority of the State. – The state of New Hampshire shall have exclusive authority and jurisdiction over the management, preservation, protection, propagation and taking of wildlife in the state. Except as otherwise specifically provided by statute, no ordinance or regulation of a political subdivision may regulate the management, preservation, protection, propagation and taking of wildlife. Nothing in this section shall be construed as affecting a political subdivision's property rights concerning land owned and controlled by that entity.

http://www.gencourt.state.nh.us/rsa/html/XVIII/207/207-59.htm

And then we have RSA 159 which oddly the warrant article cites as granting the town the authority to ban shooting on town property. This is odd because 159:26 does the exact opposite.

159:26 Firearms, Ammunition, and Knives; Authority of the State. –
I. To the extent consistent with federal law, the state of New Hampshire shall have authority and jurisdiction over the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, firearms supplies, or knives in the state. Except as otherwise specifically provided by statute, no ordinance or regulation of a political subdivision may regulate the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, or firearms supplies in the state. Nothing in this section shall be construed as affecting a political subdivision's right to adopt zoning ordinances for the purpose of regulating firearms or knives businesses in the same manner as other businesses or to take any action allowed under RSA 207:59.
II. Upon the effective date of this section, all municipal ordinances and regulations not authorized under paragraph I relative to the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearm components, ammunition, firearms supplies, or knives shall be null and void.

Shooting on town land is a "use" for a firearm and thus falls under state jurisdiction.

 

[snd1t]

IIRC the state prohibits exactly this sort of ordinance with the exception of within the town "Compact"

 

[Jude Thaddeus]

IIRC the state prohibits exactly this sort of ordinance with the exception of within the town "Compact"

The place that "caused" all this BS is far from a compact zone. I've shot there many times.

 

[DispositionMatrix]

The place that "caused" all this BS is far from a compact zone. I've shot there many times.

Background on the cause? Who was really behind this and why?

 

[DispositionMatrix]

Also, the ordinance will stand until challenged, which means someone with cause will have to spend time and money.

 

[drgrant]

For starters someone who lives there that cares needs to map out what the compact zone is and isn't, and get it posted somewhere. That way if someone is going to challenge it, when they get "caught" they'll at least be on the right side of the law.

-Mike

 

[MA_Shooter]

Another reason we need to be ever vigilant.

 

[eturbo924]

Londonderry just enacted a similar ordinance for the Musquash conservation areas. It is totally against the laws of NH. But the council does not care. It met their agenda and they passed it. Someone already has been caught and likely fined. Gun owners need to get behind that person and get a suit going. President must be set so that other towns down try to do the same thing.

 

[soloman02]

Londonderry just enacted a similar ordinance for the Musquash conservation areas. It is totally against the laws of NH. But the council does not care. It met their agenda and they passed it. Someone already has been caught and likely fined. Gun owners need to get behind that person and get a suit going. President must be set so that other towns down try to do the same thing.

Do you have a news article regarding this?

 

[Matt_SERE]

Do you have a news article regarding this?

I found this. It should probably go on to the end of one of the other Londonderry threads. I have not been up there in a few years.

Posted: http://www.northeastshooters.com/vb...ooting-on-town-property?p=4668539#post4668539

September 14. 2015 11:17PM

Londonderry ordinance restricts target shooting By PAMELA CYRAN

Union Leader Correspondent LONDONDERRY — The town council voted 4-0 Monday to pass the ordinance restricting target shooting in the 1,000-acre Musquash conservation area. The ordinance goes into effect immediately and signs will be placed in the area as soon as possible.“I’m extremely happy that this ordinance passed, I’ve been very, very concerned about this for a long time,” said Joe Green, council member. “I think we’ve now established a level of safety in the Musquash that I think the residents of Londonderry deserved.”The ordinance follows an extensive investigation from the town’s task force that was established last November. The task force was a response to multiple complaints on safety and irresponsible target shooting practices. The town council said it is meant to be a compromise between those for and against target shooting,The ordinance restricts target shooting to during turkey and deer hunting seasons only, and requires a New Hampshire Fish and Game license. The ordinance also limits the type of firearms to muzzle loaders and those that are legal to shoot with in the state during those specific hunting seasons. The caliber must also be equivalent to those allowed by the state for hunting deer and turkey, with an additional allowance for .22-caliber guns.

Also as mandated by the ordinance, shooters must now follow a check-in procedure (to be set before the next hunting seasons) with the Londonderry Police Department before they go target shooting.

The ordinance directs Kevin Smith, town manager, to draft a warrant article to bring the issue before voters. The warrant article will reflect the results of the ordinance and a recommendation from the police department. John Farrell, council chairman, said it’s too early to tell what will appear on the ballot in March.“Let’s figure out what the real issues are,” said Farrell. “What we’d like to do is put this in place and see what happens over the next six months, and then based on facts, design something that makes sense.”

See more at: http://www.unionleader.com/Londonderry_ordinance_restricts_target_shooting_#sthash.JlFvu08C.dpuf

 

[soloman02]

I found this. It should probably go on to the end of one of the other Londonderry threads. I have not been up there in a few years.

Posted: http://www.northeastshooters.com/vb...ooting-on-town-property?p=4668539#post4668539


See more at: http://www.unionleader.com/Londonderry_ordinance_restricts_target_shooting_#sthash.JlFvu08C.dpuf

I should have specified: I was looking for an article regarding the person who was fined.

 

[Acme.Armament]

I should have specified: I was looking for an article regarding the person who was fined.

Article about restriction being put in place. http://londonderrytimes.net/2015/09...nce-limiting-target-shooting-in-the-musquash/

Nothing in the Dispatch Logs yet. Last one was for 9/12.

 

[Darksideblues42]

The Council voted Monday to amend the ordinance to include .22 Long Range firearms.

What is a .22 Long Range Firearm? I know what an .22 Long RIFLE is, but not a .22 Long Range.