I was at the original hearing when this was the omnibus universal background checks bill.
Since then, the subcommittee first proposed an amendment to turn the whole bill into a study committee, and now has come back with a BRAND NEW BILL.
http://granitegrok.com/blog/2014/01/si-vis-pacem-para-bellum
My Analysis:
1. You will no longer be able to have a private sale resulting from a gun show, advertisement etc. It will have to be done through an FFL.
How do you find out that someone has an item for sale? All sales in one way or another require advertisement. You will no longer be able to use NES, your local bulletin board etc. You will always have to show you did not have a 'commercial sale'
2. If you wanted to do a private transfer, you will be required to 'ascertain' that both people are not 'Prohibited Persons', and show it is not a 'Commercial sale' as defined below.
In my opinion this is a de-facto ban on private sales. How do you ascertain this fact? Are you supposed to do a background check on the buyer/seller? You are committing a criminal act if you are wrong or saw an advertisement, so people will be forced to do the dealer transfer.
Key provisions:
I. “Commercial sale” means a sale, transfer, or exchange of a firearm that takes place at, or on the curtilage of, a gun show or pursuant to an offer to sell or buy a firearm that took place at a gun show, or pursuant to an advertisement, posting, listing, or display.
159-E:3 Exception. This chapter shall not apply to a noncommercial, private sale, transfer, or exchange of a firearm between individuals, provided neither party to the transaction is a prohibited person. If the status of either party’s eligibility to own or possess a firearm cannot be ascertained, the transaction shall be completed through a federally-licensed firearm dealer pursuant to RSA 159-E:2, II.
1 Purpose. It is the purpose and intent of the general court in enacting RSA 159-E to require commercial firearm sales and transfers in New Hampshire to be processed through a licensed firearms dealer, who will conduct a background check and create a record of each sale.
What to do:
Email / contact each member of the committee ( http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H43 )
We cannot win this fight by pointing out flaws the in the bill. They will just change it to make it more palatable.
Instead, hit the following points
1. NH does not have a problem, and this bill is a solution in search of a problem. Vote to ITL the bill.
2. The bill is an infringement on Civil Rights. Vote to ITL the bill.
3. Since there is no problem to solve, no amendment can make the bill acceptable. Vote to ITL the bill.
This is a BAD BILL. We have to convince a majority of the members that this is not something they want to be on the record as supporting, especially in an election year.
TO EMAIL ALL 400 NH REPS USE THIS ADDRESS [email protected]
Since then, the subcommittee first proposed an amendment to turn the whole bill into a study committee, and now has come back with a BRAND NEW BILL.
http://granitegrok.com/blog/2014/01/si-vis-pacem-para-bellum
My Analysis:
1. You will no longer be able to have a private sale resulting from a gun show, advertisement etc. It will have to be done through an FFL.
How do you find out that someone has an item for sale? All sales in one way or another require advertisement. You will no longer be able to use NES, your local bulletin board etc. You will always have to show you did not have a 'commercial sale'
2. If you wanted to do a private transfer, you will be required to 'ascertain' that both people are not 'Prohibited Persons', and show it is not a 'Commercial sale' as defined below.
In my opinion this is a de-facto ban on private sales. How do you ascertain this fact? Are you supposed to do a background check on the buyer/seller? You are committing a criminal act if you are wrong or saw an advertisement, so people will be forced to do the dealer transfer.
Key provisions:
I. “Commercial sale” means a sale, transfer, or exchange of a firearm that takes place at, or on the curtilage of, a gun show or pursuant to an offer to sell or buy a firearm that took place at a gun show, or pursuant to an advertisement, posting, listing, or display.
159-E:3 Exception. This chapter shall not apply to a noncommercial, private sale, transfer, or exchange of a firearm between individuals, provided neither party to the transaction is a prohibited person. If the status of either party’s eligibility to own or possess a firearm cannot be ascertained, the transaction shall be completed through a federally-licensed firearm dealer pursuant to RSA 159-E:2, II.
1 Purpose. It is the purpose and intent of the general court in enacting RSA 159-E to require commercial firearm sales and transfers in New Hampshire to be processed through a licensed firearms dealer, who will conduct a background check and create a record of each sale.
What to do:
Email / contact each member of the committee ( http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H43 )
We cannot win this fight by pointing out flaws the in the bill. They will just change it to make it more palatable.
Instead, hit the following points
1. NH does not have a problem, and this bill is a solution in search of a problem. Vote to ITL the bill.
2. The bill is an infringement on Civil Rights. Vote to ITL the bill.
3. Since there is no problem to solve, no amendment can make the bill acceptable. Vote to ITL the bill.
This is a BAD BILL. We have to convince a majority of the members that this is not something they want to be on the record as supporting, especially in an election year.
TO EMAIL ALL 400 NH REPS USE THIS ADDRESS [email protected]
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