Seems like it's working. Sort of.
I would make this guy explain it to you. If he truly understands the law, he should be able to explain why you are wrong. I'd keep pressing him.
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Seems like it's working. Sort of.
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.'
Response from my rep -- Mary Till of Derry.
:rollseyes: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.
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.nhpoke said:While she's wrong at least she read the email. So correct her.
NICS has errors and denies law abiding citizens.
Not arguing with you, but source?
I suggest you pose the question to Laura Jones [email protected]Is there a list of republicans that are considering voting for this?
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,...
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?
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.
I finally recieved a reply from 1 of my Reps... After 3 emails.
If you aren't contacting you representatives about this get on it immediately.
The text is posted earlier in this thread.Where are you getting the ammended bills, I have been wondering? Is it somehow available to the public on the general court site?
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.
Where are you getting the ammended bills, I have been wondering? Is it somehow available to the public on the general court site?
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,
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