SB 44: For all of you in New Hampshire, Beware the Ides of March

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I just came home from the monthly meeting at Pelham Fish and Game and GO-NH President Mitch Kopacz brought SB44 AN ACT relative to licenses to carry pistols and revolvers. to our attention.

This is the damning portion: The official authorized to issue the license may deny a license to any person the official reasonably believes to be a member of a terrorist or criminal organization, as shown by sworn affidavit by such official or other law enforcement official or any other reliable person.

This will change NH from a shall issue to a may issue state, just like what is in Massachusetts. There will be public hearing on March 15th at 8:30 in the State House Room 103.

If you are a life- long or recent citizen of New Hampshire, it is in your best interest to attend this hearing

More information can be found at http://gonh.org/
 
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An update on the SB44

I communicated with State Senator Joseph Foster about this bill. His his the Majority Leader and the chairperson of the Judiciary Committee that is reviewing the bill. I asked him for an update on the bill and whether it had any chance of passing. I also told him that I was pro-RKBA.

He responded that he is getting a lot of communication about the bill and is undecided as to his position. He said he will make up his mind after he hears the testimony at the committee hearing. Apparently Peter Burling (the sponsor) is really pushing this bill.

I know Joe Foster casually and do not think he has particularly strong opinions on gun control issues. He will likely take a common sense approach to making his decision. Arguments that will likely sway him will do with issues of how this law does not solve any existing problems (where are the suspected terrorists trying to get a NH CCW?). He probably will not be swayed by any "cold dead hands" type arguments.

I think I will try to show up on the 15th.
 
Well, here's some common sense reasons why this bill is a dumb idea-

-Criminals generally do not seek firearms permits, they just do whatever
they want regardless of the law.

-In NH, the only thing the pistol/revolver license does is it prevents the
licensed person from being charged with carrying a handgun illegally; it does
not insulate the person carrying it from any other legal consequences of
criminal acts.

-In NH, the license doesn't convey any special rights with regards to
purchasing firearms. The checks/forms that people must pass when
buying firearms in NH are not any different regardless of wether or not a
person has this license. (the sponsor of this bill might be trying to
"sell the lie" that gang probie types might be using the licenses to buy
guns and transfer them to people not elegible to buy them.

-How many "incidents" have there been involving gang members acquiring
firearms licenses and doing nefarious things with them involving concealment
of a weapon? I'd place a fair wager this amounts to a non problem, and
that on the whole violent crimes committed by license holders in NH probably
amount to a statistical anomaly, at best.

-Let's dig a little deeper- how many criminals were acquitted where
they would have otherwise been hung on an illegal gun possession
charge, but "got off" because they had a permit? I doubt that number
is very high at all.

The hard part in NH is getting the stats. Since the licenses are issued
locally, with the exception of the nonresident ones, does the state even
keep track of the total number of licenses?


-Mike
 
This is the damning portion: The official authorized to issue the license may deny a license to any person the official reasonably believes to be a member of a terrorist or criminal organization, as shown by sworn affidavit by such official or other law enforcement official or any other reliable person.


The troubling words are: "reasonably" and "believes", with the first either a relative phrase or one defined by some states to mean "what most others would agree with", and the second eliminating the need for evidence.

I fthe phrase was "deny a license to any person found by a court of law to be a felon or terrorist" we could simply discard the Bill as redundant.

As it is, the affidavit becomes a defacto conviction without judicial review or right to representation by council. It sounds like the next thing to authorizing a Chief of Police to issue a bill of attainder.
 
I got a response from Senator Joseph Foster (chairperson of the Judiciary Committee) about the hearing. The hearing is open to testimony and anyone who wants to testify can. He did mention that short statements are strongly preferred given the anticipated heavy interest in this bill.

I probably will not be able to make it to the hearing, but will send a letter to Senator Foster about my position.

Don't be shy. Even if you simply testify with a brief, "I oppose this bill because ....."
 
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