NRA PUSHES GUN CONTROL – JEOPARDIZES CONSTITUTIONAL CARRY
[Posted Monday, May 9, 2011, at 9:00 a.m
.] The following message was emailed to all members of Pro-Gun New Hampshire this morning:
Dear PGNH member:
We've sent you emails before urging you to contact your state rep or state senator on some piece of legislation, but this is the most serious request we've ever sent.
The Constitutional Carry bill, HB330, passed the NH House of Representatives by a vote of 244 to 109, and is now in the Senate. You'd think it would be a slam dunk, but... remember the old adage about "too many cooks in the kitchen spoil the broth"? Well, the NRA rep, John Hohenwarter, and GO-NH, are urging the Senate to "amend" HB330 by replacing it with a completely different version. Their version attempts to make our carry licenses more difficult to obtain by adding new mandatory requirements, and actually creates new gun control, particularly with regard to minors! Further, they would have this legislation proceed without a public hearing -- "in the dark." But never mind these things: what's most important is that the House HAS ALREADY REJECTED this version -- so if the Senate foolishly adopts it (or makes any other changes to the House version, which took a lot of work to create), then the entire bill dies. That means that all the work that went into it will have been wasted, and New Hampshire will lose its opportunity to pass Constitutional Carry. It would be a shame if we lost gun rights not because of pro-gun versus anti-gun arguments, but just because of personal politics.
The Senate votes on this next Wednesday, May 11. PLEASE call or email your state senator before then and leave a message asking him or her to pass the Constitutional Carry bill, HB330, THE WAY IT CAME OUT OF THE HOUSE, without further amendments. (Your message should include your name and address, which will confirm that you're a constituent of the senator.)
Here's how to find your state senator: New Hampshire Senate
Please call Chris Cox at the NRA-ILA at (800) 392-VOTE (8683) and tell him that you are not happy with the NRA’s misguided meddling.
Again, this is the most important request we've ever sent. All you have to do is leave a short message, or email, to your state senator before Wednesday. Thanks!
Here is the complete text of the NRA-submitted legislation. (We have X-ed out the identity of the State Senator whom the NRA rep persuaded to submit it.) TEXT BETWEEN SQUARE BRACKETS -- [xxxx] -- represents portions of the existing statute that are to be DELETED . Text in bold italics indicates new text to be ADDED. The "Amended Analysis" is written by the New Hampshire Office of Legislative Services.
Sen. XXXX, Dist. XX
April 20, 2011
Amendment to HB 330-FN
Amend the bill by replacing all after the enacting clause with the following:
*1 Pistols and Revolvers; License to Carry. Amend RSA 159:6 to read as follows:
159:6 License to Carry.
I. The selectmen of a town or the mayor or chief of police of a city or some full-time police officer designated by them respectively, upon application of any resident of such town or city, or the director of state police, or some person designated by such director, upon application of a nonresident, shall issue a license to such applicant [authorizing the applicant to carry] for the carrying of a loaded pistol or revolver in this state for [not less than 4] 5 years from the date of issue, if [it appears that the applicant has good reason to fear injury to the applicant’s person or property or has any proper purpose, and that the applicant is a suitable person to be licensed. Hunting, target shooting, or self-defense shall be considered a proper purpose] a criminal background check, including an inquiry of the National Instant Criminal Background Check system, reveals no information that the applicant’s possession of a pistol or revolver would violate RSA 159:3, RSA 159:3-a, RSA 159:7, or 18 U.S.C. section 922. The license shall be valid for all allowable purposes regardless of the purpose for which it was originally issued. The license shall be in duplicate and shall bear the name, address, description, and signature of the licensee. The original shall be delivered to the licensee and the duplicate shall be preserved by the people issuing the same for  5 years. When required, license renewal shall take place within [the month of the fourth anniversary of the license holder’s date of birth following the date of issuance] 60 days of the expiration date of the license but at least 14 days before the expiration date. The license shall be issued within 14 days after application or renewal application, and, if such application is denied, the reason for such denial shall be stated in writing, the original of which such writing shall be delivered to the applicant, and a copy kept in the office of the person to whom the application was made. The fee for licenses issued to residents of the state shall be $10, which fee shall be for the use of the law enforcement department of the town or city granting said licenses; the fee for licenses granted to out-of-state residents shall be [$100] $50, which fee shall be for the use of the state. The director of state police is hereby authorized and directed to prepare forms for the licenses required under this chapter and forms for the application for such licenses and to supply the same to officials of the cities and towns authorized to issue the licenses. The form shall require no more information than was required on the state of New Hampshire application for pistol/revolver license, form DSSP 85, as revised in December 2009. No other forms shall be used by officials of cities and towns and no official authorized to issue a license under this section shall modify in any way the requirements for such license. The cost of the forms shall be paid out of the fees received from nonresident licenses.
II. No photograph or fingerprint shall be required or used as a basis to grant, deny, or renew a license to carry for a resident or nonresident, unless requested by the applicant.
III. The availability of a license to carry a loaded pistol or revolver under this section or under any other provision of law shall not be construed to impose a prohibition on the unlicensed transport of a firearm, including a loaded pistol or revolver, in a vehicle or the unlicensed carrying on or about one’s person, whether openly or concealed, of a firearm, including a loaded pistol or revolver.
*2 Pistols and Revolvers; Suspension or Revocation of License. Amend RSA 159:6, I to read as follows:
I. The issuing authority may order a license to carry a loaded pistol or revolver issued to any person pursuant to RSA 159:6 to be suspended or revoked [for just cause, provided] upon the issuing authority’s determination that the person provided materially false information in connection with an application to carry a pistol or revolver which was relied upon by the issuing authority in approving the application or that the person no longer meets the requirements for such license set forth in RSA 159:6. The suspension or revocation shall become effective upon service of written notice of the suspension or revocation and the reason [therefore is given to] therefor upon the licensee. A licensee whose license has been suspended or revoked shall be permitted a hearing on such suspension or revocation if a hearing is requested by the licensee to the issuing authority within 7 days of the suspension or revocation.
*3 Pistols and Revolvers; Full Faith and Credit for Licenses From Other States. Amend RSA 159:6-d to read as follows:
159:6-d Full Faith and Credit for Licenses From Other States; Reciprocity. [Notwithstanding the provisions of RSA 159:6, no nonresident holding] A current and valid license to carry a loaded pistol or revolver [in] issued to a nonresident by the state in which he or she resides [or who is a peace officer in the state in which he resides], shall be [required to obtain a license to carry a loaded pistol or revolver] recognized as valid within this state if[: I. Such nonresident carries upon his person the license held from the state in which he resides; and II.] the state in which such person is a resident provides a reciprocal privilege for residents of this state.
*4 New Section; Pistols and Revolvers; Unlawful Possession by a Minor. Amend RSA 159 by inserting after section 6-f the following new section:
159:6-g Unlawful Possession of a Pistol or Revolver by a Minor or a Student.
I.(a) Except as otherwise provided in this paragraph, no person under 18 years of age shall possess or carry a pistol or revolver unless such person is on property he or she owns or occupies as a resident.
(b) Subparagraph (a) shall not apply to a person under 18 years of age who:
(1) Is licensed to carry a pistol or revolver pursuant to RSA 159:6 or possesses a license or permit issued by a jurisdiction that provides a reciprocal privilege to residents of this state pursuant to RSA 159:6-d; or
(2) Possesses or carries a pistol or revolver with the permission of a parent or legal guardian.
II.(a) Except as otherwise provided in this paragraph, no person 18 years of age or under shall possess or carry a pistol or revolver in a safe school zone as defined in RSA 193-D:1, without authorization from the school district superintendent or designee.
(b) Subparagraph (a) shall not apply to a person 18 years of age or under if:
(1) The school property is open to public hunting; or
(2) The pistol or revolver is of a type and configuration that may be used to hunt on the date on which initial possession of the pistol or revolver occurs; or
(3) The person is engaged in hunting or is in transit to or from a place where the person has been hunting or intends to hunt.
III. Any person who violates the provisions of this section shall be guilty of a violation and shall be fined up to $500.
*5 Game Animals; Bow and Arrow. Amend RSA 208:5, V to read as follows:
V. The licensee shall not be entitled to [carry] take any game with 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].
*6 Pistols and Revolvers; Courthouse Security. Amend RSA 159:19, IV to read as follows:
IV. The provisions of this section shall not apply to marshals, sheriffs, deputy sheriffs, police or other duly appointed or elected law enforcement officers, bailiffs and court security officers, or persons with prior authorization of the court for the purpose of introducing weapons into evidence [and as otherwise provided for in RSA 159:5].
*7 Repeal. The following are repealed:
I. RSA 159:4, relative to carrying without a license.
II. RSA 159:5, relative to exceptions to possessing or carrying a pistol or revolver.
*8 Effective Date. This act shall take effect upon its passage.
I. Permits any person who meets the requirements established in RSA 159:6 to possess or carry a pistol or revolver.
II. Provides recognition in this state of a license to possess or carry a pistol or revolver issued in another state, provided the other state offers a reciprocal privilege to New Hampshire residents.
III. Establishes a violation and fine for possessing or carrying a pistol or revolver by persons under 18 years of age, and by for possessing and carrying a pistol or revolver in a safe school zone.