From the seacoast online:
http://www.seacoastonline.com/apps/pbcs.dll/article?AID=/20140119/NEWS/401190345/-1/NEWSMAP
By Deborah McDermott
[email protected]
January 19, 2014 2:00 AM
Gun rights advocates, gun control groups, Second Amendment defenders and a panoply of other groups are lining up to offer testimony on two key background check bills before the Legislature this session.
Sen. David Watters, D-Dover, has filed a bill that would require those adjudicated as not mentally competent to be reported to the National Instant Criminal Background Check System. Rep. Elaine Andrews-Ahearn, D-Hampton Falls, has filed a bill that would require universal background checks for all gun sales — not only those bought through a licensed dealer but also over the Internet, at gun shows and individually.
N.H. gun facts
• N.H. is an "open carry" state. People may openly carry their handguns on their person
• Licenses are required in only two circumstances: for those who carry a loaded, concealed handgun; for those who carry a loaded handgun, whether concealed or not, in their vehicles. The fee is $10.
• There is no gun registry in N.H.
• N.H. law does not require someone to have a license to buy or own guns. One exception: Those purchasing a handgun (as opposed to rifles or shotguns) must have a license to carry or be personally known to the seller.
• Guns purchased through a federal firearms licensee, a gun dealer or store, are subject to background checks through the National Instant Criminal Background Check System. Those purchased at gun shows or from private individuals are not subject to background checks.
• You must be at least 21 years old to purchase a handgun from a licensed dealer. Those 18 or older can purchase a handgun from a private party.
• Guns are not allowed in courtrooms and it is illegal for public school students to carry firearms on school grounds.
Source: Pro-Gun New Hampshire, National Rifle Association, Live Free or Die Alliance
The Watters bill was filed with the collaboration of Pro-Gun New Hampshire and had the approval of the National Shooting Sports Foundation. Their involvement drew fire from several other gun rights groups.
The legislation was filed after a background check expansion bill failed in the Senate last spring. In a UNH Survey Center/WMUR Granite State Poll conducted last August, three of four New Hampshire residents said they were dissatisfied with that vote. The same poll showed a divided state on the question of stricter gun control laws in general. While 46 percent favored stronger laws, 37 percent did not. Not surprisingly, a vast majority of Democrats favored stronger laws, but only 22 percent of Republicans and 33 percent of independents agreed.
The polling numbers overall give heart to the members of New Castle Promise, a gun control advocacy group that formed in the wake of the school shooting in Newtown, Conn., in December 2012. Member Melissa Rigazio said the grass-roots group, which has expanded to include people from throughout the Seacoast area, coalesced around legislation to expand universal background checks. She said she believes such an action is supported by "the overwhelming majority of Americans and New Hampshire residents. People understand it and people are behind it."
She said the group searched for a sponsor for a bill and found Andrews-Ahearn.
"Frankly, she was the only person willing to do this," she said. "Rep. Andrews-Ahearn has the courage and conviction, and we're thrilled to have her sponsor this bill."
The bill stipulates that all sales of firearms in New Hampshire be conducted by a federally licensed firearms dealer. These dealers put the name of the buyer into the National Instant Criminal Background Check System, which checks to ensure the buyer is not on a list of prohibited purchasers that includes convicted felons. This means that if someone wants to purchase a firearm through a gun show or via a private sale, that gun must be transferred to and sold by a licensed dealer. There are certain exceptions, including a transfer between family members and by law enforcement personnel.
Andrews-Ahearn said she was told after she filed the legislation that her seat might be targeted during a re-election bid by gun rights groups.
"If they go after me, they go after me," she said. "When I was asked to do this, I said 'yes' wholeheartedly. It's something I believe in very strongly."
Like Rigazio, she said she believes a majority of Americans support measures such as her bill. "The epidemic of violence has to end, and it has to end by us taking responsibility."
Her bill, House Bill 1589, is going to be heard before the Legislature's Commerce Committee on Tuesday. The hearing was moved from the committee hearing room to Representatives Hall due to the number of people expected to attend. Among them are expected to be a united force of gun rights and Second Amendment advocates, who see this bill as the first step in a deterioration of constitutional rights.
"Arguably, this becomes the first step toward a gun registration," said Rep. JR Hoell, R-Dunbarton. He said his concern is that the FBI is already scanning the books of federal firearms licensed dealers, "so it's just the next step before there's a national registry of firearms. And the likes of Hitler shows us where that goes."
Sam Cohen, second vice president and chief executive officer of Pro-Gun New Hampshire, is squarely in that camp. "If you look at history worldwide, every time a government has registered guns, it has always led to registration and confiscation."
Hoell said he would like to see the universal background check be eliminated altogether. If people are concerned about school safety, he said, "why are we prohibiting teachers from carrying?" If people are fearful, he suggested that they take self-defense training. "It doesn't have to be a gun," he said. "It could be karate, or Taekwondo or a can of mace."
Rigazio strongly disagrees.
"This is so important. The violence in this country is epidemic," she said. "The Legislature is in a position to save lives. The bill won't stop everything, but it will make a difference."
Senate Bill 244
The New Hampshire Firearms Coalition, which includes Hoell among its board members, and Pro-Gun New Hampshire came out on both sides of Sen. Watters' bill, Senate Bill 244.
Watters' legislation requires the name of a person who has been adjudicated as not mentally competent to be reported to the NICS for the purpose of conducting a background check to determine eligibility to possess a firearm. The bill includes those who have been found not competent to stand trial, who have been found not guilty by reason of insanity or have been involuntarily committed to a mental health facility.
Another group, those who have been appointed a guardian by the court, will likely be further clarified, after concern raised by mental health advocates. Advocates have also said the bill in general unfairly targets the mentally ill, to the exclusion of those who have not been adjudicated mentally ill but are nonetheless dangerous.
But Watters said 33 states already have similar laws on the books, "so that was a starting point for me. It's already against federal law for someone who a judge has ruled mentally disabled to buy a weapon. The issue is, let's at least put the names in."
At a recent public hearing on the legislation, some people have said that if the bill passes, even those who see therapists could lose their guns. Watters said that could not be further from the truth.
"There's a lot of misinformation out there," he said. "I was somewhat surprised, because I've been working with Second Amendment groups since June and we've made it pretty clear that claim is not appropriate."
Cohen of Pro-Gun New Hampshire, which worked with Watters in support of the bill, said the primary reason his group backs the effort is because "it would create a relief mechanism."
"That mechanism does not exist now," he said. "Are you going to catch everyone? No. Adam Lanza (the Newtown elementary school shooter) had not been adjudicated (mentally ill). But this is a desperately needed thing that doesn't exist now and will for the first time."
Rep. Hoell, however, wanted nothing to do with the legislation, nor do the members of his organization. "This bill throws a very broad net on a huge population of people," he said. "It creates a rat's nest and unfairly stigmatizes the mentally disabled."
Watters said he is taking into consideration concerns raised by advocates for the mentally ill. Among their suggestions is that a commission be formed to study the issue.
"I'm exploring all the possibilities," he said. "I'm interested in consensus building."
