NH ACTION ALERT: HB1589 ***DEFEATED***

Something else to consider, this law changes the definition of a "firearm" and at the same time creates a significant conflict in state law (because it is not amending the current definition).

Current law:

NH RSA 179, B:1, XI
"Firearm'' means any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by force of gunpowder.

Proposed changes:
HB 1589 as amended:
II. “Firearm” means any weapon or device designed to be used as a weapon, which will, is designed to, or may be readily converted to expel a projectile by the action of an explosive, explosion, or other means of combustion, or the frame or receiver of such a device, provided the term “firearm” shall not include the term “antique firearm” as defined in 18 U.S.C. section 921(a)(16), or a weapon that has been rendered permanently inoperable and is incapable of being readily restored to a firing condition.'

So anyone with a potato cannon had better get a NICS check when selling it....

Hell, I can make a model rocket into a weapon, will this bill now require NICS checks to sell model rockets (the ones that use the Estes explosive engines)?

It could also make Re-loadable Mortar fireworks require a NICS check as they can also be used as a weapon.

http://www.fireworks.com/products/category/reloadable-mortar-kits/

And I guarantee some overzealous PD/DA would try to shut down a fireworks store with this law in place.
 
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Published summary of HB 1589 is fraudulently deceptive!

Response from my rep -- Mary Till of Derry.

Thank you for your e-mail about HB 1589, requiring criminal background checks for all commercial firearm sales or transfers. I appreciate your sharing your views on this important piece of legislation. This bill has been assigned to the Commerce and Consumer Affairs Committee. In response to issues raised in the public hearing, this committee has amended the bill to exclude private, non-commercial sale or transfers of firearms from the requirement of background checks. It also clarified that nothing in this law would require or authorize any state, county, or local law enforcement agency to establish or maintain a registry of firearms sold or transferred in accordance with this law. With these changes, designed to address the concerns of legitimate gun owners, the committee recommends passage of the bill.

In general, I believe background checks, done properly, can protect both gun owners and other citizens alike by keeping guns out of the hands of felons, domestic abusers, and dangerously mentally people who, by their misconduct, give all gun owners a bad name. It is my intention to support the amended bill when it comes up for a vote on the House floor.

Thank you for sharing your concerns with me. Clearly we disagree on whether this bill will infringe upon your second amendment rights.
:rollseyes:

nhpoke said:
While she's wrong at least she read the email. So correct her.
Definitely. Mary Till may have read his email, but she only read the summary and didn't read the bill, else she would have been aware of the "commercial sales" deceptive language.

I believe we should push hard on the fact that the amendment does not in fact exclude private, non-commercial sale or transfers of firearms from the requirement of background checks, and the published summary is intentionally deceptive.
 
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After looking at the responses from the reps, it is clear they are being fed the same information:

...the exception covers all private sales and the bill does not infringe on private sales.


My response to that nonsense is as follows:

The exception is only for a NONCOMMERCIAL transfer between individuals.

Commercial Sale is defined as:
a sale, transfer, or exchange of a firearm ... pursuant to an advertisement, posting, listing, or display.

Every private sale is pursuant to some sort of advertisement, whether verbal, written on a bulletin board at a gun club, or otherwise. How will the buyer know the firearm is for sale if you never 'advertised' it.

This catch 22 mean all currently non-Commercial Sales will be a 'Commercial Sale'.

I believe this legislation is specifically written like this to confuse the average Citizen and allow reps to feel good voting for it.


Please hammer this point home and let your rep defend the current language.
 
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I just emailed some fireworks and paintball groups/businesses since the way this bill is worded, it could apply to them.

The more people who are angry, the better.
 
Email sent to all reps on the committee. Spray and pray.

For those who don't use a browser-integrated email system, here's a text list of the Committee members addresses so you copy and paste into your script etc.

[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]

ETA: I was misinformed, the above list is only the Commerce Committee.
Use this address to get everyone: [email protected]
 
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Courtesy of Rep. Laura Jones:

If you can make phone calls here is the list of all of the Democrat State Reps whom we believe will be voting in favor of
the bill:

Belknap Arsenault, Beth R Laconia 528-1727
Belknap DiMartino, Lisa Laconia 496-1115
Belknap Gulick, Ruth P New Hampton 744-2471
Belknap Huot, David O Laconia 524-7641
Belknap Raymond, Ian P Sanbornton 524-2316
Carroll Buco, Thomas L Conway 986-5629
Carroll Butler, Edward A Harts Location 374-6131
Carroll Lavender, Tom Brookfield
Carroll Ticehurst, Susan J Tamworth 323-8040
Carroll White, Syndi G North Conway 356-6298
Cheshire Ames, Richard Jaffrey 532-6781
Cheshire Berch, Paul S Westmoreland 399-4960
Cheshire Butynski, William Hinsdale 336-7498
Cheshire Chase, Cynthia L Keene 357-2381
Cheshire Eaton, Daniel A Stoddard 446-3535
Cheshire Johnsen, Gladys Keene 358-5164
Cheshire Lerandeau, Alfred C N. Swanzey 352-7991
Cheshire Ley, Douglas A Jaffrey 532-8556
Cheshire Mann, John E Alstead 835-9095
Cheshire Parkhurst, Henry A. L. Winchester 239-8945
Cheshire Phillips, Larry R Keene 357-4315
Cheshire Roberts, Kris E Keene 352-1105
Cheshire Robertson, Timothy N Keene 352-7006
Cheshire Sad, Tara A Walpole 756-4861
Cheshire Shepardson, Marjorie J Marlborough 876-4027
Cheshire Tatro, Bruce L Swanzey 352-3904
Cheshire Weber, Lucy M Walpole 756-4338
Cheshire Weed, Charles F Keene 352-8309
Cheshire Young, Harry L Jaffrey 532-9998
Coos Coulombe, Gary M Berlin 723-0102
Coos Enman, Larry S Errol 482-3303
Coos Hammon, Marcia Whitefield 837-2109
Coos Hatch, William A Gorham 466-9491
Coos Moynihan, Wayne T Dummer 449-2058
Coos Theberge, Robert L Berlin 752-5672
Coos Thomas, Yvonne D Berlin 752-1816
Grafton Aguiar, James D Campton 726-3412
Grafton Almy, Susan W Lebanon 448-4769
Grafton Benn, Bernard L Hanover 643-1925
Grafton Brown, Rebecca A Sugar Hill 823-8119
Grafton Cooney, Mary R Plymouth 536-1141
Grafton Ford, Susan M Easton 823-5609
Grafton Friedrich, Carol H Wentworth 764-5765
Grafton Harding, Laurie Lebanon 448-5206
Grafton Higgins, Patricia C Hanover 643-3989
Grafton Lauer, Linda D Bath 747-4001
Grafton Lovett, Sid Holderness 968-7532
Grafton Massimilla, Linda LIttleton 444-5270
Grafton Mulholland, Catherine Grafton 523-4497
Grafton Nordgren, Sharon Hanover 643-5068
Grafton Pastor, Beatriz Lyme 795-4315
Grafton Piper, Wendy A Enfield 632-7179
Grafton Smith, Suzanne J Hebron 744-9064
Grafton Sykes, George E Lebanon 667-1834
Grafton Townsend, Charles L Canaan 632-7493
Grafton White, Andrew A Lebanon 448-2977
Hillsborough Backus, Robert A Manchester 232-0525
Hillsborough Beaulieu, Jane E Manchester 203-8440
Hillsborough Boisvert, Ronald R Manchester 669-0951
Hillsborough Booras, Efstathia C Nashua 886-5886
Hillsborough Brown, Pamela T Nashua 930-6999
Hillsborough Campbell, David B Nashua 531-0831
Hillsborough Carroll, Douglas L Nashua 579-3684
Hillsborough Chandley, Shannon E Amherst 672-6540
Hillsborough Connor, Evelyn M Weare 529-1748
Hillsborough Cote, David E Nashua 882-2244
Hillsborough DiSilvestro, Linda A Manchester 645-6729
Hillsborough Dobson, Jeremy S Manchester 935-8693
Hillsborough Eaton, Richard S Greenville 878-1768
Hillsborough Gage, Ruth E Goffstown 497-4018
Hillsborough Gale, Sylvia E Nashua 883-6628
Hillsborough Garcia, Michael A Nashua 305-7950
Hillsborough Gidge, Kenneth N Nashua 888-2355
Hillsborough Goley, Jeffrey P Manchester 626-6659
Hillsborough Gorman, Mary J Nashua 886-1652
Hillsborough Grady, Brenda E Merrimack 424-4589
Hillsborough Hackel, Paul L Nashua 595-6648
Hillsborough Hammond, Jill S Peterborough 547-0715
Hillsborough Hansberry, Daniel C Nashua 888-5634
Hillsborough Harriott-Gathright, Linda Nashua 880-4537
Hillsborough Heath, Mary Manchester 622-0895
Hillsborough Heden, Ruth S Milford 673-7036
Hillsborough Jack, Martin L Nashua 318-0457
Hillsborough Jeudy, Jean L Manchester 645-5290
Hillsborough Katsiantonis, George Manchester 785-5567
Hillsborough Katsiantonis, Thomas Manchester 627-9652
Hillsborough Kelley, John D Nashua 880-4083
Hillsborough Knowles, Mary Ann Hudson 880-4908
Hillsborough Kopka, Angeline A Nashua 577-5561
Hillsborough Leishman, Peter R Peterborough 924-0004
Hillsborough Levesque, Melanie A Brookline 672-3951
Hillsborough Long, Patrick T Manchester 668-1037
Hillsborough MacKay, Mariellen J Nashua 577-8932
Hillsborough Mangipudi, Latha Nashua 891-1239
Hillsborough Manley, Jonathan F Bennington 588-2427
Hillsborough McCloskey, David Manchester 626-7692
Hillsborough McNamara, Richard D Hillsborough 464-0212
Hillsborough Nelson, Mary S Nashua 888-5384
Hillsborough O'Brien, Michael B Nashua 888-8051
Hillsborough O'Flaherty, Tim Manchester 706-9559
Hillsborough O'Neil, William J Manchester 644-5277
Hillsborough Palangas, Eric Manchester 622-4638
Hillsborough Porter, Marjorie A Hillsborough 464-0225
Hillsborough Ramsey, Peter E Manchester 668-9702
Hillsborough Rhodes, Brian D Nashua
Hillsborough Rokas, Ted Manchester 620-2228
Hillsborough Rosenwald, Cindy Nashua 595-9896
Hillsborough Schmidt, Janice E Nashua 880-6060
Hillsborough Shattuck, Gilman C Hillsborough 464-3850
Hillsborough Shaw, Barbara E Manchester 626-4681
Hillsborough Smith, Timothy J Manchester 657-0324
Hillsborough Soucy, Timothy A Nashua 305-5012
Hillsborough Spratt, Stephen P Greenville 878-0657
Hillsborough Sullivan, Daniel J Manchester 627-5044
Hillsborough Sullivan, Peter M Manchester 647-5453
Hillsborough Vail, Suzanne M Nashua 320-3308
Hillsborough Walsh, Robert M Manchester 759-9668
Hillsborough Williams, Carol A Manchester 622-2565
Hillsborough Winters, Joel F Nashua 624-5635
Hillsborough Woodbury, David New Boston 487-2634
Merrimack Alicea, Caroletta C Boscawen 796-6119
Merrimack Andrews, Christopher R Bow 848-7707
Merrimack Bartlett, Christy D Concord 224-3172
Merrimack Bouchard, Candace C W Concord 226-2214
Merrimack Burns, Scott A Franklin 203-7727
Merrimack Carey, Lorrie J Boscawen 796-2272
Merrimack Carson, Clyde J Warner 456-2562
Merrimack Davis, Frank W Pembroke 485-9953
Merrimack Ebel, Karen E New London 748-3876
Merrimack Frambach, Mary E Epsom 736-9295
Merrimack Frazer, June M Concord 228-0048
Merrimack French, Barbara C Henniker 428-3366
Merrimack Gile, Mary Stuart Concord 224-2278
Merrimack Henle, Paul J Concord 224-7756
Merrimack Hirsch, Geoffrey D Bradford 938-2833
Merrimack Hunt, Jane J Concord 228-8648
Merrimack Karrick, David B Warner 456-2772
Merrimack Kelly, Sally H Chichester 798-5806
Merrimack MacKay, James R Concord 224-0623
Merrimack Moffett, Howard M Canterbury 782-4993
Merrimack Myler, Mel Contoocook 746-5294
Merrimack Patten, Dick W Concord 228-1803
Merrimack Ratzki, Mario F East Andover 735-5440
Merrimack Rice, Chip L Concord 224-2886
Merrimack Richardson, Gary B Hopkinton 746-4315
Merrimack Rogers, Katherine D Concord 496-8521
Merrimack Schamberg, Thomas C Wilmot
Hillsborough Williams, Kermit R Wilton 654-7684
Merrimack Schuett, Dianne E Pembroke 224-0314
Merrimack Shurtleff, Stephen J Penacook 753-4563
Merrimack Turcotte, Alan J Allenstown 485-2349
Merrimack Wallner, Mary Jane Concord 225-5249
Merrimack Walz, Mary Beth E Bow 225-1968
Merrimack Watrous, Rick H Concord 228-2446
Merrimack Webb, Leigh A Franklin 934-8222
Rockingham Andrews-Ahearn, E. Elaine Hampton Falls 772-7069
Rockingham Borden, David A New Castle 436-4132
Rockingham Briden, Steven J Exeter 770-6104
Rockingham Burtis, Elizabeth B Derry 437-9490
Rockingham Cahill, Michael D Newmarket 659-2355
Rockingham Cali-Pitts, Jacqueline A Portsmouth 431-7657
Rockingham Cushing, Robert R Hampton 926-2737
Rockingham Emerson-Brown, Rebecca Portsmouth 436-9392
Rockingham Flockhart, Eileen C Exeter 778-0647
Rockingham Heffron, Frank H Exeter 772-4659
Rockingham Helmstetter, Barbara S Epping 679-1929
Rockingham Lovejoy, Patricia T Stratham 778-9662
Rockingham Mann, Maureen R Deerfield 463-9990
Rockingham Moody, Marcia G Newmarket 659-7106
Rockingham Muns, Chris Hampton 929-3629
Rockingham Norelli, Terie Portsmouth 436-2108
Rockingham Pantelakos, Laura C Portsmouth 436-2148
Rockingham Scarlotto, Joe W Portsmouth 501-1800
Rockingham Schlachman, Donna L Exeter 772-4934
Rockingham Sherman, Thomas M Rye 379-2248
Rockingham Till, Mary L Derry 218-9717
Rockingham Ward, Gerald W.R. Portsmouth 436-6142
Rockingham Wazlaw, Brian Portsmouth 436-2833
Rockingham Whittemore, Lisa I Londonderry 434-0382
Strafford Baber, William S Dover 749-5969
Strafford Berube, Roger R Somersworth 692-5653
Strafford Bixby, Peter W Dover 749-5659
Strafford Burdwood, Greg Dover 749-9559
Strafford Burke, Rachel B Farmington 755-3353
Strafford Gardner, Janice S Dover 742-0205
Strafford Grassie, Anne C Rochester 332-8562
Strafford Grossman, Kenneth Barrington 664-2268
Strafford Hooper, Dorothea D Dover 749-6418
Strafford Horrigan, Timothy O Durham 868-3342
Strafford Hubbard, Pamela J Rochester 332-4093
Strafford Kaen, Naida L Lee 659-2205
Strafford Ketel, Stephen M Dover 767-6710
Strafford Malloy, Dennis J Barrington 664-9870
Strafford Menear, H. Robert Durham 397-5267
Strafford Merrill, Amanda A Durham 868-2491
Strafford Miller, David P Rochester 332-0925
Strafford Pelletier, Marsha L Dover 742-1802
Strafford Perry, Robert J Strafford 269-4651
Strafford Rogers, Rose Marie Rochester 332-1573
Strafford Rollo, Deanna S Rollinsford 742-7511
Strafford Schmidt, Peter B Dover 743-3751
Strafford Smith, Marjorie K Durham 868-7500
Strafford Spainhower, Dale S Somersworth 750-4112
Strafford Spang, Judith T Durham 659-5936
Strafford Stevens, Audrey M Rochester 332-3863
Strafford Verschueren, James Dover 343-4652
Strafford Wall, Janet G Madbury 749-3051
Strafford Ward, Kenneth J Rollinsford 988-7580
Sullivan Cloutier, John R Claremont 542-6190
Sullivan Gagnon, Raymond G Claremont 542-7286
Sullivan Gottling, Suzanne H Sunapee 763-5904
Sullivan Irwin, Virginia Newport 863-3582
Sullivan Lefebvre, Benjamin P Grantham 677-2722
Sullivan O'Hearne, Andrew S Claremont 558-1038
Sullivan Schmidt, Andrew R Grantham 863-1247
Sullivan Sweeney, Cynthia P Charlestown 826-4666
Sullivan Tanner, Linda L Georges Mills 763-4471


.
 
That's 217 reps right there. We need 18 to change their minds. BE POLITE. Be rational. If they argue back, rationally engage them on the facts. If they ignore the facts over and over, just drive on. But be sure to engage and persuade. This isn't a playground. This is the big leagues.
 
I finally recieved a reply from 1 of my Reps... After 3 emails.
Thank you for taking the time to set forth your case regarding this legislation

It has been difficult reading through the 300+ emails we have received both for and against this legislation. I apologize for not responding earlier

I will re read this on Tuesday night and will listen very closely to the debate on Wednesday

If I isolate the emails from Pembroke and Chichester, at this point, they slightly favor passage

I really appreciate you taking the time to share your reasoning

Respectfully yours,...

If you aren't contacting you representatives about this get on it immediately.
 
Could someone please give soloman02 a point for me for hooking in other affected groups because this thing is so poorly worded? This law is like an alien spaceship from the planet Bloomberg landing on the RSAs. They are desperately trying to adapt it to fit, but it is a trainwreck. If they really gave two craps about us folks here in NH, to achieve their alleged goal could take a couple of sentences. They have no clue how to work with NH's straightforward statutes. Instead they offer up a whole section of redundant and contradictory law derived from some model law a bunch of weaselly people ginned up in a drug-induced swoon of orgiastic anti-gun joy. And that's the amended version. Don't ask me which amendment... I've lost track. This thing keeps changing as they flail around. Maybe a study (or just reading the RSAs first) would have been wise... but then out of state interests aren't interested in detail, just racking up more checkbox victories.
 
It's completely amazing... One of my arguments in my latest round of emails...

The way in which this bill defines commercial sale is ludicrous. Just for fun, I'm going to replace one word in the definition with another, please see if this seems logical to you.
"I. “Commercial sale” means a sale, transfer, or exchange of a horse that takes place at, or on the cartilage of, a horse show or pursuant to an offer to sell or buy a horse that took place at a horse show, or pursuant to an advertisement, posting, listing, or display."
So, if I have a horse for sale, and I post to my friends on Facebook that it's for sale, it just became a commercial sale? That's ridiculous. The only way that I can sell my horse "privately" is if someone randomly asks whether or not I have a horse for sell, and I happen to have one for sale, that is exactly what they want?


The other terrifying bit...
As I've mentioned I have a significant issue with:
"159:E:5:II Nothing in this chapter shall be construed to require or authorize any state, county, or local law enforcement agency to establish or maintain a registry of firearms sold or transferred in accordance with this chapter."

While it is true that there is nothing in this chapter requiring or authorizing a registry of firearms sold or transferred, it is a by product of this bill. Please feel free to stop buy any local FFL dealer and ask them whether or not they are required to keep records on transfers. You can also read https://www.atf.gov/firearms/how-to/become-an-ffl.html which at the bottom of the page clearly states "Licensees must maintain records of all firearms receipts and dispositions, including the name, age, and place of residence of purchasers." A Registry is, by definition, a place where records are kept. Regardless of the wording of this section, it is creating a registry. The fact that this HB says it isn't the intent doesn't matter, it will be happening. This, in my opinion, is an extremely dishonest attempt to alleviate "fears" of a system of registration that this bill IS implementing.
 
Could someone please give soloman02 a point for me for hooking in other affected groups because this thing is so poorly worded? This law is like an alien spaceship from the planet Bloomberg landing on the RSAs. They are desperately trying to adapt it to fit, but it is a trainwreck. If they really gave two craps about us folks here in NH, to achieve their alleged goal could take a couple of sentences. They have no clue how to work with NH's straightforward statutes. Instead they offer up a whole section of redundant and contradictory law derived from some model law a bunch of weaselly people ginned up in a drug-induced swoon of orgiastic anti-gun joy. And that's the amended version. Don't ask me which amendment... I've lost track. This thing keeps changing as they flail around. Maybe a study (or just reading the RSAs first) would have been wise... but then out of state interests aren't interested in detail, just racking up more checkbox victories.

I don't understand why the "carpetbagger" tar brush wouldn't in and of itself work. When we bought our land in Lisbon, we were given The Talk - by our agent, the seller's agent, the neighbors, and various town officials. We explained that we understood thoroughly, as we were being driven out of Connecticut - where my family has lived since SEVENTEEN-FRIGGIN-HUNDRED - due to the same sort of foreign influence ("foreign" in the case of down here = "Westchester County").
 
nhpoke, that's a great analogy. I will be contacting reps tomorrow and hopefully can zero in on this ridiculous definition of "commercial". Unfortunately as a current out-of-stater things may get weird if they ask where I live.

The crux of the matter is this: does anyone remember the last time the government strictly construed laws so that the number of people guilty of violating them would decrease? I don't either. For any rep who replies in disbelief at the suggestion that these loosely-written clauses could someday be used to prosecute an innocent man, they don't have to look far for plenty examples of this happening.
 
Because people aren't taking the time to read the Bill... When they do, the bill, in and of itself, doesn't "intend" any harm.

Don't you think background checks are a good idea? Aren't they safer? So vote yes!
 
Dang double post.

Anyone know any tradesmens organizations (construction etc)? I want them angry as well. What about home depot and Lowes? Any way I can make them angry?

Text of what I sent to the reps:

Subject : HB 1589 Could Require a Background Check at the Home Depot and Lowes.

Wait what? Yes you read that correctly. Home Depot and Lowes could be required to spend however many thousands of dollars it requires to get a Federal Firearms License order to sell some of the tools they sell due to this bill because the only way a background check can be run on someone is if the seller has an FFL because the Federal government does not allow private citizens to perform a NICS check.

Rep. E. Elaine Andrews-Ahern, the sponsor of this bill is on record as wanting to "Ban the sale of handguns of all types - all automatic weapons - and all ammunition- if we can't get rid of guns let's get rid of bullets!"

For the record, automatic weapons are already banned and regulated under the 1986 FOPA and the 1934 NFA.

Well if you vote for this bill, you will be furthering her and San Francisco California's agenda and making every day tradesmen's lives harder and making them criminals in the process. You see this bill, by way of its definitions on certain words, would make it a crime to sell certain nail guns at Home Depot or on the weekly Uncle Henrys. It would also make every single lineman that works for PSNH a criminal since one of the tools they use to repair broken power lines falls under this bill's definitions.

Do you want to be the Representative that makes PSNH linemen criminals? How well would that go over in the media and with voters this November?

It could be argued that this bill would also ban the sale of all paintball guns and some fireworks without a background check. And based on that, this bill would require a background check for persons handling Class B fireworks displays at every town and city this Fourth of July.

Do you want to be the one who the voters get to blame for the cancellation of the annual fireworks display?

Vote HB 1589 as ITL.

Sincerely,
 
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From the house email:
-design
----

US Supreme Court & the 2nd Amendment

Paul Berch [[email protected]]Actions
To:
~All Representatives
Sunday, February 09, 2014 8:13 PM
It seems useful to put this out on this board once a year - without further comment from me. In other words, I don't plan to debate the words of Justice Antonin Scalia, speaking for a majority of the United States Supreme Court in DC. v. Heller ( 2008). Emphasis is mine.

“Like most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever, and for whatever purpose. … Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on long-standing prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of arms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.
“We also recognize another important limitation on the right to keep and carry arms. Miller [a 1939 ruling allowing restrictions upon sawed-off shotguns] said, as we have explained, that the sorts of weapons protected were those in common use at the time.”
Best regards to all,
Paul

Rep. Paul Berch
Cheshire-01
Chesterfield, Hinsdale, Walpole & Westmoreland
 
From the house email:
-design
----

US Supreme Court & the 2nd Amendment

Paul Berch [[email protected]]Actions
To:
~All Representatives
Sunday, February 09, 2014 8:13 PM
It seems useful to put this out on this board once a year - without further comment from me. In other words, I don't plan to debate the words of Justice Antonin Scalia, speaking for a majority of the United States Supreme Court in DC. v. Heller ( 2008). Emphasis is mine.

“Like most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever, and for whatever purpose. … Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on long-standing prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of arms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.
“We also recognize another important limitation on the right to keep and carry arms. Miller [a 1939 ruling allowing restrictions upon sawed-off shotguns] said, as we have explained, that the sorts of weapons protected were those in common use at the time.”
Best regards to all,
Paul

Rep. Paul Berch
Cheshire-01
Chesterfield, Hinsdale, Walpole & Westmoreland

So they are claiming the authority to regulate sales based on a line in Heller?

If only Abramski was decided already (and in our favor).
 
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