NH: SB500, Giving control of our firearms definition to Congress

Its on its way to be signed by the governor.
I believe it has to return to the senate for concurrence, because it was amended in the house.

The final version is either a bunch of nothing, or a world of hurt for those who don't understand the nuances.

They removed the nonsense of tying NH definitions to federal law, which is great. They added hunting with crossbows and air rifles, which is good. They defined air rifles, which is not so good (a "loaded" pellet gun will be illegal in a moving vehicle, and the new definition of "air rifle" includes air pistols as well).

Muzzleloaders were always legal for taking game during any gun season.

Hunting with a crossbow is now legal. Meh. Shouldn't have been illegal, but it's good for those who want it.

"Loaded" rifles or shotguns on/in a moving vehicle will still be illegal, where "loaded" means "a round or projectile in the chamber fully dischargeable by pulling the trigger". So... single action, safety off? Or does having to take a step other than pulling the trigger (like disengaging the safety) not count? What about a revolver rifle like the double action Taurus carbines? Farmers or their agents are exempt, but must unload before crossing a public way (the stupid, it burns!)

A shotgun or rifle with a full mag, will now be legal to carry in/on a vehicle, as long as there is not a round or projectile in the chamber that can be "fully discharged" (WTF-ever that means) by pulling the trigger.

So in the end... some good, but at least not the bad that would have happened with the original bill. I'm glad Sen. Avard listened to reason. I'm glad NHFC took the heat and got the bill changed, and those who are still calling NHFC "anti-gun" for doing so, can bite my shorts.

The version as passed by the house:

http://www.gencourt.state.nh.us/bill_status/billText.aspx?sy=2018&id=1812&txtFormat=html
 
So this is mostly a win, I think.

I can toss my rifle in truck with a loaded mag in it, so long as it isn't chambered. Better then it was before.
 
The "air rifle" bits aren't great, poorly worded at best.

I assume that means ATVs as well?
Yes, covers motor vehicle, OHRV, snowmobile, or aircraft and amends RSA 207:7, II-IV

"loaded" means "a round or projectile in the chamber fully dischargeable by pulling the trigger". So... single action, safety off? Or does having to take a step other than pulling the trigger (like disengaging the safety) not count? What about a revolver rifle like the double action Taurus carbines?
Finally we have a definition of loaded in state law, I'm not going to worry about nitpicking it to death because of the word "fully" or to protect the five people who bought a Taurus/Rossi Circuit Judge :)

There's actually a reason for the weird definition of loaded, they claim to have cribbed it from a court ruling?
senatoravard.com said:
The definition we have here for a loaded firearm comes from the latest court case where the court ruled a loaded firearm one having “a round in the chamber fully dischargeable by pulling the trigger”. (9th Circuit Court – Manchester District Division, Opinion No. 2012-823)
That reference points to The State of New Hampshire v. Oriol Dor, but I don't see fully dischargeable by pulling the trigger in any related online documents.
 
Last edited:
2016 Utah Code :: Title 76 - Utah Criminal Code :: Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals :: Part 5 - Weapons :: Section 502 - When weapon deemed loaded.

Universal Citation:
UT Code § 76-10-502 (2016)
76-10-502. When weapon deemed loaded.
  • (1) For the purpose of this chapter, any pistol, revolver, shotgun, rifle, or other weapon described in this part shall be deemed to be loaded when there is an unexpended cartridge, shell, or projectile in the firing position.
  • (2) Pistols and revolvers shall also be deemed to be loaded when an unexpended cartridge, shell, or projectile is in a position whereby the manual operation of any mechanism once would cause the unexpended cartridge, shell, or projectile to be fired.
  • (3) A muzzle loading firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinders.
In some ways this is an expansion of the Utah code
 
Agreed - Hopefully the business about air rifles in vehicles (only in the House version) gets removed in the conference committee.
 
So this is mostly a win, I think.

Better then it was before.

So, if this bill passes and gets signed, things are actually BETTER for gun owners than they were before? Or by "win" and "better", do you mean than before the language was changed?
 
Claim: Republicans are worth trusting with your Natural rights regarding carrying, possessing firearms and owning firearms per the op-ed.

Same day the NH Senate republicans vote with the democrats to kill [interim study] a bill the repeals 2 firearms prohibitions. HB1313 voted 5-0 to interim study..
The entire bill is below.

Call your Senator and ask that they correct this. This bill needs to pass. This cleans up one remaining issue from constitutional carry.

AN ACT relative to prohibitions on carrying a loaded firearm on an OHRV or snowmobile.
Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Repeal. The following are repealed:

I. RSA 215-A:20, relative to the prohibition on carrying a loaded firearm on an OHRV.

II. RSA 215-C:35, relative to the prohibition on carrying a loaded firearm on a snowmobile.

2 Effective Date. This act shall take effect 60 days after its passage.
 
I look forward to hearing what Soloman might think about this.

The bill has some small issues (like the air rifles), but is a vast improvement over the original. It remains to be seen what will happen in the committee of conference or if the senate will vote to concur without one.
 
The question is still unanswered, though.

Are things better for gun owners in NH before or after this bill? Not comparing the "almost bill" to the final, just the final. The way it was worded sounds like adding in these laws makes things better.
 
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