KBCraig
NES Member
After the committee hearing on NH SB116, which removes the requirement for a pistol and revolver license, a lot was said about the Tuftonboro police chief's testimony. His claim that "12-, 13-, 15-year olds" could legally carry if this bill passes was met with a lot of derision and claims that the chief doesn't know the law.
It's correct to point out that SB116 wouldn't make it legal for those kids to carry without a license. But we have to point out that it's not illegal for them to carry right now, as long as they do so the same as any other unlicensed person (i.e., openly).
Okay, after you duct-tape your head back together, let's look at the law.
First, RSA 159 in its entirety, which has no age restrictions on possessing or carrying. That part is simple: if they can legally possess it, there is no current restriction on carrying it, and SB116 would not change that (except allowing to carry concealed or loaded in a vehicle).
But what about restrictions on selling to minors? (A fellow SB116 advocate actually argued with me that no one would be able to carry under the new law unless they could legally buy a handgun. I pointed out that those under 21 can't buy from a dealer, but they can still legally buy privately.) Both RSA 159:12 and RSA 644:14 restrict selling or giving a handgun to a "minor" (159:12) or "Persons Under 16" (644:15), but allow sales, gifts, or inheritances, if the seller/giver is a parent, grandparent, guardian, or executor. Also note that this is a restriction on the seller or giver, and does not create any crime on the part of the minor (unlike alcohol, where possession is a crime or violation).
Federal law, 18 USC 922(x), prohibits anyone under 18 from possessing a handgun or handgun ammunition, but there's an exemption for those with written permission from a parent or legal guardian. But guess what else? The Federal Juvenile Delinquency Act also bars the federal government from criminally prosecuting anyone under 18. If someone under 18 violates federal law, it requires federal prosecutors to first try to move it to an appropriate state court, but there is no state charge in NH that would apply. And the state's delinquency law, RSA 169-B requires that the juvenile commit a state felony or misdemeanor to be judged delinquent.
Yes, federal prosecutors could still pursue a civil status declaration (which is not a criminal conviction) against someone under 18 who possesses a handgun legally under state law, and who is not engaged in any criminal activity, but good luck with that.
And if we want to bring federal law into it, remember that everyone who possesses a loaded handgun within 1,000 feet of a NH school commits a federal felony, license or not -- even that Tuftonboro police chief, unless he's performing his official duties at the time.
Discuss.![[grin]](/xen/styles/default/xenforo/smilies.vb/041.gif "Grin [grin]")
It's correct to point out that SB116 wouldn't make it legal for those kids to carry without a license. But we have to point out that it's not illegal for them to carry right now, as long as they do so the same as any other unlicensed person (i.e., openly).
Okay, after you duct-tape your head back together, let's look at the law.
First, RSA 159 in its entirety, which has no age restrictions on possessing or carrying. That part is simple: if they can legally possess it, there is no current restriction on carrying it, and SB116 would not change that (except allowing to carry concealed or loaded in a vehicle).
But what about restrictions on selling to minors? (A fellow SB116 advocate actually argued with me that no one would be able to carry under the new law unless they could legally buy a handgun. I pointed out that those under 21 can't buy from a dealer, but they can still legally buy privately.) Both RSA 159:12 and RSA 644:14 restrict selling or giving a handgun to a "minor" (159:12) or "Persons Under 16" (644:15), but allow sales, gifts, or inheritances, if the seller/giver is a parent, grandparent, guardian, or executor. Also note that this is a restriction on the seller or giver, and does not create any crime on the part of the minor (unlike alcohol, where possession is a crime or violation).
Federal law, 18 USC 922(x), prohibits anyone under 18 from possessing a handgun or handgun ammunition, but there's an exemption for those with written permission from a parent or legal guardian. But guess what else? The Federal Juvenile Delinquency Act also bars the federal government from criminally prosecuting anyone under 18. If someone under 18 violates federal law, it requires federal prosecutors to first try to move it to an appropriate state court, but there is no state charge in NH that would apply. And the state's delinquency law, RSA 169-B requires that the juvenile commit a state felony or misdemeanor to be judged delinquent.
Yes, federal prosecutors could still pursue a civil status declaration (which is not a criminal conviction) against someone under 18 who possesses a handgun legally under state law, and who is not engaged in any criminal activity, but good luck with that.
And if we want to bring federal law into it, remember that everyone who possesses a loaded handgun within 1,000 feet of a NH school commits a federal felony, license or not -- even that Tuftonboro police chief, unless he's performing his official duties at the time.
Discuss.
