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NH: SB500, Giving control of our firearms definition to Congress

Glad you're digging keeping "suitable person" alive and well. Hunters will be thrilled. Not

Susan, maybe you have not seen this link:
http://www.gencourt.state.nh.us/bill_status/billText.aspx?sy=2018&id=1812&txtFormat=html

Just in case you cannot see this, I have copied the text fully for all to see:

SB 500 - AS INTRODUCED

2018 SESSION

18-2796

04/10

SENATE BILL 500

AN ACT amending references to firearms terminology.

SPONSORS: Sen. Avard, Dist 12; Sen. Bradley, Dist 3

COMMITTEE: Judiciary
-----------------------------------------------------------------
ANALYSIS This bill amends certain references to firearm to make them consistent with federal law. The bill also removes the prohibition of carrying a loaded rifle or shotgun in or on a stationary motor vehicle, OHRV, snowmobile, or aircraft.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2796

04/

STATE OF NEW HAMPSHIRE


In the Year of Our Lord Two Thousand Eighteen



AN ACT amending references to firearms terminology.


Be it Enacted by the Senate and House of Representatives in General Court convened:


1 Pistols and Revolvers. Amend RSA 159:12, II(a) to read as follows:

(a) Fathers, mothers, grandparents, guardians, administrators or executors who give a pistol or revolver to their children or wards or to heirs to an estate.

2 Protection of Persons From Domestic Violence; Definitions. Amend RSA 173-B:1, XI to read as follows:

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] shall have the meaning set forth in 18 U.S.C. section 921.

3 General Provisions as to Fish and Game; Lawful Methods of Taking. Amend RSA 207:3, I to read as follows:

I. Wildlife shall be taken in the daytime between 1/2 hour before sunrise and 1/2 hour after sunset with a [gun] firearm fired at arm's length or bow and arrow, unless otherwise specifically permitted.

4 Hunting From Motor Vehicle, OHRV, Snowmobile, Boat, or Aircraft. Amend RSA 207:7, II-IV to read as follows:

II. No person shall [have or] carry, in or on a motor vehicle, OHRV, snowmobile, or aircraft, [whether] when moving [or stationary], a cocked crossbow, a loaded rifle or loaded shotgun, or a rifle or shotgun with a cartridge in a magazine or clip attached to the [gun] rifle or shotgun.

III. No person shall have in or on a boat or other craft while being propelled by mechanical power, or in a boat or other craft being towed by a boat or other craft propelled by mechanical power, a cocked crossbow, a loaded rifle or loaded shotgun, or a rifle or shotgun with a cartridge in a magazine or clip attached to the [gun] rifle or shotgun.

IV. The provisions of this section shall not apply to law enforcement officers carrying [guns] a firearm in the line of duty.

5 Game Animals; Bow and Arrow. Amend RSA 208:5, V to read as follows:

V. The licensee shall [not] be entitled to carry any firearms while hunting under the provisions of this section, unless such licensee [also possesses a valid firearms hunting license or a valid license to carry firearms issued pursuant to RSA 159] is prohibited by state or federal law from carrying a firearm.

6 Hunting, Fishing, Trapping; Refusing Licenses. Amend RSA 214:17 to read as follows:

214:17 Refusing Licenses; Appeal. The executive director and his agents shall refuse to issue any license to hunt if it appears that the applicant is [not a suitable person to carry firearms] prohibited by state or federal law from carrying a firearm. Any person who has been refused a license by an agent shall have the right of appeal to the executive director, whose decision, given after hearing, shall be final. Any attempt to secure a license from another agency, after having been refused by an agency and before appealing to the executive director, and any attempt to secure a license from any source in the same year that the executive director, on appeal, has decided that the applicant is not a suitable person to carry firearms, shall be a violation of the provisions of this chapter.

7 Repeal. RSA 214:18, relative to the executive director's authority to suspend or revoke the license of a physically or mentally improper or incompetent person, is repealed.

8 Effective Date. This act shall take effect 60 days after its passage.

And once you guys repeal the domestic violence statutes, I'm sure victims with be thrilled as well. Oh, wait, you just talk about repealing, but have done nothing.
 
Take a deep breath, grab a dictionary and Strunk and White's book on grammar, consider learning how to diagram a sentence, let go of NHFC's skirt, call me back.

Ok, sure. Please feel free to message me your phone number if you'd like to talk in a civil manner about the things this bill needs fixed. It has issues that need to be fixed, and either you know that and are simply being an advocate for some unnamed group, or you're being fed lines by the bill's author. If the latter, you should remind him the civility rules apply even when using a cat's paw.

If it's all coming from you, this descent to ad hominem does you no merit.

Now, in response to your comments, I'm hardly holding onto NHFC's skirts. I'm not even a member. I am reasonably confident I am reading the bill accurately in terms of statutory interpretation, and writing my responses here "just fine" in a social context. I've been diagramming sentences since the 5th Grade. I've taught legal writing at a top-tier law school. With respect to your groups-related comment, I've actually been (guess I still am since it's a forever-membership thing, assuming they are still functional) a PGNH member.

Susan, why don't you tell us which group you do represent, since you're throwing dirt around? I think that's only fair.
 
Unlike most here, I write for myself and myself only. If I were writing on behalf of an organization, I would say so. Hiding behind pseudonyms to talk trash seems really rather childish but, if you do attend the hearing, at least it let's you continue to hide your true identity. Enjoy your day, Mr. StrangeNH.
 
Unlike most here, I write for myself and myself only. If I were writing on behalf of an organization, I would say so. Hiding behind pseudonyms to talk trash seems really rather childish but, if you do attend the hearing, at least it let's you continue to hide your true identity. Enjoy your day, Mr. StrangeNH.

So I must have the wrong Susan then because the one I was thinking is on the board of Women's defense league. Is that not you?

Good to learn this was just an echo chamber...Enjoy the warm weather if you get outside.

LOL... You are acting like you trying to convince Mother's against blah blah blah on why gun control doesn't work.
 
So I must have the wrong Susan then because the one I was thinking is on the board of Women's defense league. Is that not you?

I thought the same. If it is the same Susan, I have met her a few times at the statehouse and rally's, she is an ardent 2A warrior, and I love her constant making fun of that rep from Dover on facebook, but I am kind of confused about this SB500 situation. Granted I am not the sharpest tool in the shed, but it just doesn't sound like a good idea to me. I have read through this thread a few times and all of the posts here don't convince me otherwise.

I am all about putting F&G in check, and would love to see legislation to do so, but I don't really like the idea of defaulting to the feds for anything.
 
So how about an amendment to remove the section that gives up control of the definition of firearm to congress (who are more corrupt than the statehouse by several orders of magnitude)?

If that section was amended out, I believe there would be more support for the bill.
 
This bill has numerous flaws beyond that section. The only section that was well drafted was section 1. This is clean and could go forward.
Sections 2 through the end have major [drafting??] issues.

As drafted, the bill ties are laws to federal laws, bans certain persons and forms of hunting, creates statues that are subject to interpretation by LEOs or judges. The bill should be killed.
 
Still no hearing on SB500....
The amendment must be taking a long time to draft. Clearly there were issues with this legislation.
 
Senate Status: IN COMMITTEE
Next/Last Comm: SENATE Judiciary
Next/Last Hearing: 02/13/2018 at 09:00 AM SH Room 100

On the merits this bill goes in the wrong direction by inserting 18 USC 921 into a new spot in the RSA. It does not go far enough by tinkering with RSA 207:7, II-IV rather than repealing 207:7 II-III outright. The change to 214:7 removes the term "suitable person" (good) but continues to bar a prohibited person from a bowhunting license as noted earlier in this thread (not really a change).

Without some serious amendment I can't get behind this one.

P.S. With a nod to the history of this thread, I'm open to discussion but will ignore anyone who goes ad hominem.
 
18 USC 921 is already placed in statute - specifically in one section and by abbreviated definition in another. And I remain hopeful that JR Hoell ("design") and the NH Firearms Coalition can explain how they will repeal the federal law on firearms and domestic violence using a NH law.

And if respondents would use real names instead of pseudonyms, the outrage might be more believable.
 
Regardless of what a federal statute says on this or other subjects, any time the state changes its RSA to defer to a federal definition of something its rolling over and surrendering its authority on the issue in contradiction with 10th amendment and Article I Section 8

Its made worse by the fact that many "Definitions" are actually subject to federal bureaucracy proposing/implementing changes rather than that authority actually residing with elected senators/reps and POTUS.......

This bill is a bad idea and it needs to be tabled

NR RSA 642:3-a Taking a Firearm From a Law Enforcement Officer. –
(a) "Firearm'' has the meaning given that term in section 921 of Title 18 of the United States Code.
Source. 1999, 166:1, eff. Jan. 1, 2000.
 
There are a great many inconsistancies and even conflicts throughout local/state and federal law, thats the unfortunate reality of having legislative bodies that are far to energetic.........

That however does not detract from previous reasons why SB500 and the adoption of federal definitions of various things is a "Bad Idea TM"
So, for the past 18 years it was OK but not today? Got it.
 
And if respondents would use real names instead of pseudonyms, the outrage might be more believable.

Dear lord. That's your issue? That people on an online forum don't use their real names? Your outrage might be more believable if it wasn't so petty. If it's really such a big deal, why are you not using your full name?
 
0166-hb 0236

HOUSE BILL 236-FN-LOCAL

AN ACT relative to felonious disarming of a law enforcement officer.

SPONSORS: Rep. Pepino, Hills 40; Rep. Tholl, Coos 5; Rep. K. MacDonald, Carr 7; Rep. Buckley, Hills 44

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill makes the taking of a firearm from a law enforcement officer or an attempted taking of a firearm from a law enforcement officer where the firearm is discharged a class A felony.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.


  • Matter removed from current law appears [in brackets and struckthrough.]

    Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
4march99.....0174h


  • 99-0016

    09/01
STATE OF NEW HAMPSHIRE

In the Year of Our Lord One Thousand Nine Hundred and Ninety-Nine

AN ACT relative to felonious disarming of a law enforcement officer.

Be it Enacted by the Senate and House of Representatives in General Court convened:

166:1 New Section; Taking a Firearm From a Law Enforcement Officer; Class A Felony. Amend RSA 642 by inserting after section 3 the following new section:

642:3-a Taking a Firearm From a Law Enforcement Officer.


  • I. Whoever knowingly takes a firearm:

    • (a) From the person of a law enforcement officer, while such officer is engaged in the performance of official duties; and

      (b) Against that officer's will; or attempts to do so, shall be punished as provided in paragraph II.
    II. The punishment for an offense under this section is:

    • (a) In the case of an offense other than an attempt, or an offense that is an attempt during which the firearm is discharged (other than intentionally by the officer), a class A felony; and

      (b) In the case of any other offense that is an attempt, a class B felony.
    III. It shall be an affirmative defense to prosecution under this section if an individual acts to disarm an officer engaging in felonious conduct or conduct so reckless as to endanger the lives of others. However, a conviction resulting from that conduct need not be obtained to present this defense.

    IV. A term of imprisonment imposed under this section shall not run concurrently with any other term of imprisonment imposed with respect to the same criminal episode.

    • V. In this section:

      • (a) "Firearm" has the meaning given that term in section 921 of Title 18 of the United States Code.

        (b) "Law enforcement officer" means law enforcement officer as defined in RSA 630:1, II.
    166:2 Effective Date. This act shall take effect January 1, 2000.
 
Dear lord. That's your issue? That people on an online forum don't use their real names? Your outrage might be more believable if it wasn't so petty. If it's really such a big deal, why are you not using your full name?

I could tell you what her issue is, but I'd get another warning point for sure. Best suggestion, just don't feed the troll.
 
It wasnt OK when Dem Ray Buckley originally submitted it and Dems got it passed and it still isnt......but SB 500 moves the ball in the wrong direction and is a distraction from legislative efforts that are FAR more important.

NH abdicating its power/authority to the fed gov/bureaucracy will ALWAYS end badly
You sound just like Alan Rice when he doesn't want to answer...
 
Dear lord. That's your issue? That people on an online forum don't use their real names? Your outrage might be more believable if it wasn't so petty. If it's really such a big deal, why are you not using your full name?
I think it demonstrates an unwillingness to deal in honest terms. My name is Susan Olsen. What's yours?
 
0166-hb 0236

HOUSE BILL 236-FN-LOCAL

AN ACT relative to felonious disarming of a law enforcement officer.

SPONSORS: Rep. Pepino, Hills 40; Rep. Tholl, Coos 5; Rep. K. MacDonald, Carr 7; Rep. Buckley, Hills 44

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill makes the taking of a firearm from a law enforcement officer or an attempted taking of a firearm from a law enforcement officer where the firearm is discharged a class A felony.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.


  • Matter removed from current law appears [in brackets and struckthrough.]

    Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
4march99.....0174h


  • 99-0016

    09/01
STATE OF NEW HAMPSHIRE

In the Year of Our Lord One Thousand Nine Hundred and Ninety-Nine

AN ACT relative to felonious disarming of a law enforcement officer.

Be it Enacted by the Senate and House of Representatives in General Court convened:

166:1 New Section; Taking a Firearm From a Law Enforcement Officer; Class A Felony. Amend RSA 642 by inserting after section 3 the following new section:

642:3-a Taking a Firearm From a Law Enforcement Officer.


  • I. Whoever knowingly takes a firearm:

    • (a) From the person of a law enforcement officer, while such officer is engaged in the performance of official duties; and

      (b) Against that officer's will; or attempts to do so, shall be punished as provided in paragraph II.
    II. The punishment for an offense under this section is:

    • (a) In the case of an offense other than an attempt, or an offense that is an attempt during which the firearm is discharged (other than intentionally by the officer), a class A felony; and

      (b) In the case of any other offense that is an attempt, a class B felony.
    III. It shall be an affirmative defense to prosecution under this section if an individual acts to disarm an officer engaging in felonious conduct or conduct so reckless as to endanger the lives of others. However, a conviction resulting from that conduct need not be obtained to present this defense.

    IV. A term of imprisonment imposed under this section shall not run concurrently with any other term of imprisonment imposed with respect to the same criminal episode.

    • V. In this section:

      • (a) "Firearm" has the meaning given that term in section 921 of Title 18 of the United States Code.

        (b) "Law enforcement officer" means law enforcement officer as defined in RSA 630:1, II.
    166:2 Effective Date. This act shall take effect January 1, 2000.
0166-hb 0236

HOUSE BILL 236-FN-LOCAL

AN ACT relative to felonious disarming of a law enforcement officer.

SPONSORS: Rep. Pepino, Hills 40; Rep. Tholl, Coos 5; Rep. K. MacDonald, Carr 7; Rep. Buckley, Hills 44

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill makes the taking of a firearm from a law enforcement officer or an attempted taking of a firearm from a law enforcement officer where the firearm is discharged a class A felony.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.


  • Matter removed from current law appears [in brackets and struckthrough.]

    Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
4march99.....0174h


  • 99-0016

    09/01
STATE OF NEW HAMPSHIRE

In the Year of Our Lord One Thousand Nine Hundred and Ninety-Nine

AN ACT relative to felonious disarming of a law enforcement officer.

Be it Enacted by the Senate and House of Representatives in General Court convened:

166:1 New Section; Taking a Firearm From a Law Enforcement Officer; Class A Felony. Amend RSA 642 by inserting after section 3 the following new section:

642:3-a Taking a Firearm From a Law Enforcement Officer.


  • I. Whoever knowingly takes a firearm:

    • (a) From the person of a law enforcement officer, while such officer is engaged in the performance of official duties; and

      (b) Against that officer's will; or attempts to do so, shall be punished as provided in paragraph II.
    II. The punishment for an offense under this section is:

    • (a) In the case of an offense other than an attempt, or an offense that is an attempt during which the firearm is discharged (other than intentionally by the officer), a class A felony; and

      (b) In the case of any other offense that is an attempt, a class B felony.
    III. It shall be an affirmative defense to prosecution under this section if an individual acts to disarm an officer engaging in felonious conduct or conduct so reckless as to endanger the lives of others. However, a conviction resulting from that conduct need not be obtained to present this defense.

    IV. A term of imprisonment imposed under this section shall not run concurrently with any other term of imprisonment imposed with respect to the same criminal episode.

    • V. In this section:

      • (a) "Firearm" has the meaning given that term in section 921 of Title 18 of the United States Code.

        (b) "Law enforcement officer" means law enforcement officer as defined in RSA 630:1, II.
    166:2 Effective Date. This act shall take effect January 1, 2000.
Check the voting records....
 
Your inability to understand how internet forums work isn't the same thing as hiding behind a keyboard. Your obvious hostility towards people who have a different perspective of SB500 is odd enough, but being hostile towards people simply for using a username not their real name on a message forum, even if those people actually agree with your position, is just baffling.
 
18 USC 921 is already placed in statute - specifically in one section and by abbreviated definition in another. And I remain hopeful that JR Hoell ("design") and the NH Firearms Coalition can explain how they will repeal the federal law on firearms and domestic violence using a NH law.

First sentence: Granted, but that is not justification for inserting 18 USC 921 in another place in the RSA.
Second sentence: The current state of marijuana laws is analogous to this situation. Independent of the merits of banning marijuana the reality is that federal law on the subject is being incrementally nullified by the states.
 
Another tough guy hiding behind a keyboard and a nickname...
troll-1.jpg
 
SB500 has the public hearing on 2/13 at 9am.


1/31/2018 S Hearing: 02/13/2018, Room 100, SH, 09:00 am; SC 6



SB 500 - AS INTRODUCED



2018 SESSION

18-2796

04/10


SENATE BILL 500


AN ACT amending references to firearms terminology.


SPONSORS: Sen. Avard, Dist 12; Sen. Bradley, Dist 3


COMMITTEE: Judiciary


-----------------------------------------------------------------


ANALYSIS


This bill amends certain references to firearm to make them consistent with federal law. The bill also removes the prohibition of carrying a loaded rifle or shotgun in or on a stationary motor vehicle, OHRV, snowmobile, or aircraft.


- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -


Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2796

04/


STATE OF NEW HAMPSHIRE


In the Year of Our Lord Two Thousand Eighteen


AN ACT amending references to firearms terminology.


Be it Enacted by the Senate and House of Representatives in General Court convened:


1 Pistols and Revolvers. Amend RSA 159:12, II(a) to read as follows:

(a) Fathers, mothers, grandparents, guardians, administrators or executors who give a pistol or revolver to their children or wards or to heirs to an estate.

2 Protection of Persons From Domestic Violence; Definitions. Amend RSA 173-B:1, XI to read as follows:

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] shall have the meaning set forth in 18 U.S.C. section 921.
...
 
Here's the inside of a mailer that "design" and the New Hampshire Firearms Coalition sent out to Senator Kevin Avard's district regarding SB 500.

Nothing like a few insults and innuendo to bend politicians to your will.
Front of Avard mailer.jpg
 
When elected officials file bills that yield the definitions of our firearms laws to Congress, we need to alert our members.

I do find it interesting that with just two days to go to the public hearing, no group has publicly come out in support of SB500 as filed, although several pro-2a and liberty groups have come out opposed to it.
 
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