NH 2021 Bill thread: Critical Bills need to be voted on 5/25

design

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May 2020,
"Thousands of U.S. gun dealers were urged not to finalize surging weapons' sales until the FBI completes background checks even if the review process extends beyond the mandated three business days.
The National Shooting Sports Foundation issued the advisory at the start of a rush on the firearms market as a crush of gun buyers flooded the bureau’s system during the coronavirus health emergency.
Larry Keane, general counsel for the firearm industry’s association, said the advisory was issued in March after dealers in more than two dozen states received notices from the bureau indicating that background reviews would not be completed in time, in some cases for up to 28 days."


As for me the federal performance is NOT an acceptable standard.
 
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BTW, it is worse than just HB307: SB154 was a senate disaster to begin with, and the House fixed it and then the Senate in the CoC screwed it up again. HB196, HB197 were also retained by the Senate Judiciary cmte. The Senate also corrupted HB334 with SB141. HB334 without that amendment would have passed.
When the NH Senate gets bad grades from NHFC for this years disasters, let's revisit the above statement.|
Alan Rice from GOA says that Rep. Abbas and the other representatives on the committee, Lynn, Osborne and Wallace are all to blame for ruing SB 154.

ACTION NEEDED — Good bill turned bad!! | GOA New Hampshire
 

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What happened and when to these bills is pretty well documented on the gencourt site docket

The house pushed a pretty significant amount of good policy proposals in bills on a broad variety of issues.

The senate in most every case was the body that poisoned the well.....and it was across the board on issues from limiting governors emergency powers to some of the RKBA bills discussed in this thread.

When push came to shove and bills crossed over and conf cmte bs was required it was once again the Senate that poisoned lots of good policy efforts.......Sen Carson was on that CoC and while listed as a republican she's sponsored a significant amount of gun control in the past.....particularly Red Flag related stuff along with dems.

We really need to retire a couple of GOP senators that have behaved like dems far too often.....what we need IMHO is to recruit a couple of good candidates to challenge a select few squishy republican senators next year
Yes.

As always, it was the Senate taking the lazy approach and combining everything into omnibus bills instead of having straight votes on House bills as they came to them.

House leadership warned them all along that omnibus bills wouldn't fly. In the end, only the budget made it through with a lot of nonsense added on, and even then there was a lot of grumbling from House members (including me).
 
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When push came to shove and bills crossed over and conf cmte bs was required it was once again the Senate that poisoned lots of good policy efforts.......Sen Carson was on that CoC and while listed as a republican she's sponsored a significant amount of gun control in the past.....particularly Red Flag related stuff along with dems.

She was the one who spoke on HB195 during the Senate session. Not a good showing and she clearly had no idea of the subject at hand. Not a very eloquent speaker at all.

IMO, EVERYONE that sat on that CoC needs a hard looking in to by their constituents. Maybe some were against the CoC amendmant, but got overruled? They owe their voters an answer.

When I look at the roll call of those who voted nay for tabling the CoC amendment, I see Rep Abbas & Lynn voting nay with Reps Osborne & Wallace voting Yea. This leads me to believe that Abbas and Lynn are not true friends of the 2A and Osborne and Wallace may have been against the amendment.

I really wish those CoC were public sessions and had minutes published or remote viewing. To be a fly on the wall and watch them destroy the bill would be informative. I wonder what they are afraid of. IANAL, but I can't see the Supremacy Clause coming into play with either of the original bills(Senate or House). It does look like they are tiptoeing around it with their amendment.

As always, it was the Senate taking the lazy approach and combining everything into omnibus bills instead of having straight votes on House bills as they came to them.

House leadership warned them all along that omnibus bills wouldn't fly. In the end, only the budget made it through with a lot of nonsense added on, and even then there was a lot of grumbling from House members (including me).

IMO, that budget bill with that stupid abortion albatross stuck in there was a political landmine. The usual suspects are really up in arms over it. So much good budget related stuff, so much stuff that needed its own bill with its own separate discussion away from the pressure of the budget.

The Senate's original approach to SB154 was a lazy vague feel good concept versus something detailed like the House's amendment.
 
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She was the one who spoke on HB195 during the Senate session. Not a good showing and she clearly had no idea of the subject at hand. Not a very eloquent speaker at all.

IMO, EVERYONE that sat on that CoC needs a hard looking in to by their constituents. Maybe some were against the CoC amendmant, but got overruled? They owe their voters an answer.

When I look at the roll call of those who voted nay for tabling the CoC amendment, I see Rep Abbas & Lynn voting nay with Reps Osborne & Wallace voting Yea. This leads me to believe that Abbas and Lynn are not true friends of the 2A and Osborne and Wallace may have been against the amendment.

I really wish those CoC were public sessions and had minutes published or remote viewing. To be a fly on the wall and watch them destroy the bill would be informative. I wonder what they are afraid of. IANAL, but I can't see the Supremacy Clause coming into play with either of the original bills(Senate or House). It does look like they are tiptoeing around it with their amendment.



IMO, that budget bill with that stupid abortion albatross stuck in there was a political landmine. The usual suspects are really up in arms over it. So much good budget related stuff, so much stuff that needed its own bill with its own separate discussion away from the pressure of the budget.

The Senate's original approach to SB154 was a lazy vague feel good concept versus something detailed like the House's amendment.
Heres the videos the SB 154 sell out


View: https://www.youtube.com/watch?v=UQt56ZwHuWY
 
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SB 154 IMHO was a smoke show.....it pretended to provide protections where fed law contradicted STATE law/RSA on firearms/mags etc.....problem there is that we have no laws on mags/etc......so as written IMHO it provides no protections worth squat.

HB 195 as introduced was marginally better than as passed but to be fair theres nothing wrong with the bill as passed and signed by sununu.....

I have no issue with Abbas and co playing hard ball with the senate...or trying to at least.....the senate is the problem....they've taken the poison pill approach to ammending far too many bills in recent years to water down/make good policy/bills nearly meaningless

There are lots of bills to be pissed off about that the senate failed to act upon....HB 307 is one of them imho
Abbas is a sell out. And you Are wrong about SB 154 and magazines. See the house version line 23

Silence in the New Hampshire Revised Statutes Annotated pertaining to a matter regulated by federal law shall be construed as an inconsistency for the purposes of this chapter.

http://gencourt.state.nh.us/bill_status/billtext.aspx?sy=2021&txtFormat=amend&id=2021-1220H
 

KBCraig

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Abbas tends to listen to the police a little too much (he's a lawyer, after all), but he absolutely has integrity. While I don't agree with all his positions, he sticks to them.

Osborne, as Majority Leader, sometimes casts votes that seem out of character. That's part of his job.

It's in the House Rules that in order to move for reconsideration, you must have voted on the prevailing side. Moving for reconsideration immediately after the vote ensures the other side can't bring it up again when the number in attendance has changed. That means sometimes he has to vote strategically in order to make sure a bill stays dead--or stays passed. It produces an odd voting record at times, but it's all part of the sausage-making.
 
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Senate passed HB440 along party lines with an amendment that restores critical parts of the bill


In other news a lawsuit filed against the governor and other elected officials over a number of things including whether they have the authority to commit the state/citizens to conditions tied to fed money is heating up

 
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Senate passed HB440 along party lines with an amendment that restores critical parts of the bill


In other news a lawsuit filed against the governor and other elected officials over a number of things including whether they have the authority to commit the state/citizens to conditions tied to fed money is heating up


Small step. I'd prefer we simply revoke "State of emergency" existence altogether. The only legitimate reason for SOE was the travel time of people and info pre-internet/cell phones. Now it's simply a reason to abuse power without democracy.
 
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Small step. I'd prefer we simply revoke "State of emergency" existence altogether. The only legitimate reason for SOE was the travel time of people and info pre-internet/cell phones. Now it's simply a reason to abuse power without democracy.

So, NH didnt have any SOE provisions until post 9/11 when the legislature passed it by statute.....which I think isnt lawful......lots of examples where powers granted to governor required ammendment of state constitution..

But thats a separate issue.

Last year the legislature imposed additional limits on governors SOE powers.....the gov can declare SOE but its only good for 30(?) days and in order to renew it the legislature needs to vote/approve otherwise it just expires.

While imperfect its a huge check on a governors ability to pull abusive shenanigans like we saw during the vid in 2020
 

KBCraig

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While imperfect its a huge check on a governors ability to pull abusive shenanigans like we saw during the vid in 2020
That was the essence of Rep. Tony Lekas' floor speech: emergencies happen. The governor, as chief executive, is in a position to react to immediate threats. And then the legislature has to come in and decide how much is too much, or if it's not yet enough.
 

teamRR

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Coming in cold and ignorant...

I have no issue with state of emergency powers of government provided they don't exceed what government can normally do (ie masks ok fine, revoking 1A or 2A that's a non starter)...

My issue is those powers should expire once time allows actual fair government process to get going. A simple majority should be able to overule the governor at first opportunity for a vote - basically a reverse veto. Governor creates bullshit => is law immediately => can be vetoed at first vote and is no longer law
 
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Looks like HB307 was raised from the dead and got through the senate this week. I'm still reading the bill(new GC site takes some getting used to).

This patch article makes it look like the bill might have had its nuts chopped off at least partially.

Senate Expands Gun Rights, Limits State Of Emergency Powers

The most contentious discussion was on House Bill 307, prohibiting local government agencies from banning firearms, ammunition, knives, and firearms components and accessories. As originally written, the bill would not have allowed local municipalities or schools to establish regulations governing the use of such weapons, but an amendment struck the language on "use."
The bill as passed punishes municipalities and their leaders if they are not in compliance. Fines could be up to $10,000. Municipalities will have 90 days to come into compliance and repeal any ordinance that violates the new statute.

Sen. Sharon Carson, R-Londonderry, said the bill would preserve residents' constitutional rights to bear arms, but municipalities and schools would be able to establish rules governing the use of those weapons.
 
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Looks like HB307 was raised from the dead and got through the senate this week. I'm still reading the bill(new GC site takes some getting used to).

This patch article makes it look like the bill might have had its nuts chopped off at least partially.

Senate Expands Gun Rights, Limits State Of Emergency Powers

I'm not convinced that 307 passage accomplishes all that much

State already had pre-emption on all things firearms

There was already language to prevent shooting inside of what is defined as the compact of a town.

It imposes penalties but those penalties are levied against the town/municipality rather than holding the official(s) in question personally responsible for their criminal actions/violations of civil rights

159:29 Exceptions. This subdivision shall not:
I. Prohibit zoning ordinances that encompass firearms businesses along with other businesses, except that zoning ordinances that are designed for the purpose of restricting or prohibiting the sale, purchase, transfer, repair or manufacture of firearms or ammunition or ammunition components or knives or regulating the sale of firearms accessories as a method of regulating firearms or ammunition or ammunition components or knives are in conflict with this subdivision, are prohibited, and are hereby declared to be null and void.
II. Prohibit a duly organized law enforcement agency from enacting and enforcing regulations pertaining to firearms, ammunition, ammunition components, firearm accessories or knives issued to or used by peace officers in the course of their official duties.
III. Prohibit a court or administrative law judge from hearing and resolving any case or controversy or issuing any opinion or order on a matter within the jurisdiction of that court or judge.
IV. Limit the authority of the legislative body of any city or town pursuant to RSA 644:13.
159:30 Savings Provision. In the event that any of the terms or provisions of this act are declared invalid or unenforceable by any court of competent jurisdiction, the remaining terms and provisions that are not effected thereby shall remain in full force and effect.


It also permits for zoning/other ordinances seemingly limited to ranges......ie it APPEARS that a municipality may NOT prohibit businesses that sell/service firearms related products but it appears they may prohibit a new range from being established by ordinance.

 

design

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Senate made HB-307 a "USE-LESS" bill. What do I mean by that? By removing "USE" from the list of prohibitions, and given Sen. Carson's testimony, this is being done to ALLOW towns to control the USE of firearms. (Uses like backyard plinking, target shooting, shooting clays, or even hunting on BOTH public and PRIVATE land. Don't believe me, than start asking why they needed to remove a word that is already in RSA 159:26. (I heard a large gun group was supporting this amendment.)

This bill will likely go to the House floor in two weeks, we need everyone to call their reps and ask them to oppose and ask for a committee of conference to fix this bill or it will die.

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.

New version:

159:27 State Preemption. Except as expressly provided by the state constitution or statute, the general court hereby declares that it is occupying the whole field of regulation of firearms; ammunition; ammunition components; knives; firearms components; firearms accessories; and firearms supplies, including the purchase, sale, transfer, taxation, manufacture, repair, modification, ownership, possession, storage, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto or by any school district or school administrative unit. Any existing ordinances, rules, or regulations of any county, city, town, municipality, school district or school administrative unit are, upon the effective date of this section, hereby declared null and void.
 
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Damn shame my three reps in Grafton 8 are also USEless for this purpose. If for some reason this passes the House as is, I'm writing to the Gov for a veto with my primary reasoning being that this neuters the already existing state preemption.

Senate Expands Gun Rights, Limits State Of Emergency Powers

Sen. Sharon Carson, R-Londonderry, said the bill would preserve residents' constitutional rights to bear arms, but municipalities and schools would be able to establish rules governing the use of those weapons.

Not a good bill as passed by the Senate.
 

design

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Not a good bill as passed by the Senate.

Sen. Sharon Carson, R-Londonderry, said the bill would preserve residents' constitutional rights to bear arms, but municipalities and schools would be able to establish rules governing the use of those weapons.
This is the exact reason that we need to either STOP this bill or get it modified.
 

design

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Regarding HB307 from the Senate floor on 1/5, actual verbatim quotations from Carson, Chair of the committee that heard this bill.

"Municipalities can regulate the use of that gun" Senator Carson
"You can have it, but you can't use it" Senator Carson


Time to kill this bill if the House can't get it fixed. This would be a huge loss for our gun rights.
 
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design

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House vote on Senate amended version could be this week. Call your reps
 
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Somewhat annoying that the House doesn't have those fancy "session day packets" embedded in the calendar like the Senate. Granted, the Senate's calendar wasn't updated to show the session day until sometime in the last 24 hours.*

*yes, i've been nerding out and checking
 
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