Sunday, January 3, 2010

New Hampshire firearms freedom act introduced

From Kurt Hoffman at examiner.com, comes this news from the Granite State [links omitted]:
We've talked many times before [...] about the growing movement on the part of states to assert their sovereign powers as protected by the Tenth Amendment. In the context of discussions here, this comes down to states proposing (and in the cases of Montana and Tennessee, already passing) laws that would exempt firearms, ammunition, and firearms accessories manufactured in-state, and kept in-state, from federal regulation. This, as one might expect, doesn't sit well with the feds, and is being challenged. The BATFE, in the meantime, has already announced its intention of ignoring such laws.

That is not stopping more states from hopping on the state sovereignty bandwagon, with the [latest] to do so being New Hampshire.

Pre-filed for the 2010 legislative session in New Hampshire, House Bill 1285 (HB1285) seeks to “exempt firearms, firearm accessories, and ammunition manufactured in New Hampshire from federal law and regulation.”

Don't call the Live Free or Die state a copycat, though--the New Hampshire bill contains a very interesting provision not (to my knowledge) seen in any of the other states' legislation.
Any official, agent, or employee of the government of the United States, or employee of a corporation providing services to the government of the United States that enforces or attempts to enforce a act, order, law, statute, rule or regulation of the government of the United States upon a personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in New Hampshire and that remains within the State of New Hampshire shall be guilty of a class B felony. (emphasis added)

Hmm--I'm guessing that's not going to sit well with the BATFE, or the entire federal government, for that matter. ...

Read it here. See the bill's docket entry here, and text of the bill here. Here's the "penalty" section of the bill:
159-E:4 Penalty.

I. Any public servant of the State of New Hampshire as defined in RSA 640:2 that enforces or attempts to enforce a act, order, law, statute, rule or regulation of the government of the United States upon a personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in New Hampshire and that remains within the State of New Hampshire shall be guilty of a class A misdemeanor.

II. Any official, agent, or employee of the government of the United States, or employee of a corporation providing services to the government of the United States that enforces or attempts to enforce a act, order, law, statute, rule or regulation of the government of the United States upon a personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in New Hampshire and that remains within the State of New Hampshire shall be guilty of a class B felony.

Kudos to NH Rep Daniel Itse and his co-sponsors. This is precisely the type of "or else" language we need in the laws designed to restrain the government.

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