NH Tries To Whittle Away At Concealed Carry

[Mazeman]

Link To Senate Bill 44

One concern is adding the language: "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."

Also, they decrease our options for legal remedies if denied a permit.

I suggest that if you live in NH, you should write your congressmen, Senators AND Representatives.

Here's a copy of my letter:

Dear------,

I'm writing to express my concern about the proposed changes in New Hampshire's pistol permit laws (Senate Bill 44). Specifically the proposed change in wording:

" 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."

If someone can be shown, by the issuing authority (police), to be a member of a criminal or terrorist group shouldn't he be prosecuted under existing laws? Shouldn't those organizations, if known to exist, be shut down by the "issuing authority"? Isn't the term "terrorist organization" unneccesarily vague and open to interpretation? Our laws already prevent criminals and the mentally incompetent from obtaining these licenses, and this additional wording seems redundant, at a minimum.

Also, in light of the DC Circuit Court's recent opinion (which clearly states gun ownership is an individual, constitutional right) is it wise to tamper with the existing law by further restricting an applicant's remedies if he is denied a permit?

I strongly oppose this Bill, and ask that you do the same.

Sincerely,

 

[El Tejon]

January 2009, terrorists organizations will include the NRA, GOA, CCRKBA, JPFO, inter alia.

The notion that a terorist will not commit acts of murder because he does not have a permit to carry a pistol is inane.

 

[Igloodude]

And if they're trying to fine-tune the candidates to which they're issuing CCW permits, why in the very same bill do they remove from the CCW issuers the personal responsibility of knowing the laws regarding to whom they can issue the licenses?

 

[Mazeman]

I realize this is a NH Senate Bill, but my NRA-ILA alert said it was additionally co-sponsored by two members of the House (not sure how that works). So I wrote to both.

 

[Duncan223]

Who will define what a "terrorist" organization is?

Who will define what "a member of" constitutes?

Randy Weaver, David Koresh, and others were targeted by the .gov thugs - to make an example of them and scare the general public into compliance. There are dozens of lesser known examples of people targeted by the .gov for any number of reasons. If you don't want to pay taxes, don't want your kids in public schools, don't want to conform in some manner - will the .gov thugs target you next?

What about all the tattoo/piercing people - are they "terrorists"?

What about bikers - are they "terrorists"?

What about any group of people that scares some little old lady - are they "terrorists"?


I think this is not only bad law, but if passed it would create a whole new set of problems based on not only non-felons being mis-labled due to possible or suspected membership in or associated with members of some organization, but there appears to be no accountability for oversight.

 

[Libertylover]

Even better than just writing your rep would be to show up at the hearing coming up this Thursday.

From forum.nhunderground.com:

Thursday, March 15th is a critical day for Liberty in the State of New Hampshire.
On that day, the legislature will hold public hearings for input on many key pieces of legislation.

The New Hampshire Liberty Alliance (NHLA) opposes:

SB 44, which would limit New Hampshire's "shall-issue" firearm licensing, 9:00 AM State House room 103
The NHLA supports:

HB 819, which provides for freedom of choice on whether to join a labor union, 10:00 AM Representatives' Hall
HB 685, which would opt New Hampshire out of the Federal "Real-ID" program, 3:00 PM Legislative Office Building room 203

The NHLA is only officially asking for help with the above three bills. In addition, however, the public hearings may be of interest:

HB906, requiring Fully Informed Juries, 10:30 AM Legislative Office Building room 208
HB567, lowering the drinking age to 18, 1:00 PM Legislative Office Building room 208
1:30 PM - 3:00 PM, discussion concerning "Drug Courts" in lieu of criminal courts, Representative's Hall

If any of the above issues are important to you, then we need you -- yes, you -- to be in your State House in Concord on Thursday, March 15th!
If AT ALL possible, meet at 8:30 AM in the State House Cafeteria.
Here's a map to the State House; here's a map to the Legislative Office Building (it's right behind the State House)
If you can't be there at 8:30 AM, come as early in the day as you can. The last hearing (on "Real-ID") will start at 3:00 PM.
We will break for lunch.

All you need to do is show up.
You don't need to testify. You don't need to be a member of any party or organization.
You just need to be a New Hampshire resident who values FREEDOM.
Your mere presence as a concerned citizen will make all the difference!

A day like this happens rarely -- just one or two times in a legislative session.
We understand people have responsibilities with work, school, and family.
If there is one day you can arrange to be free of those responsibilities, make it Thursday, March 15th.
If you can take a sick day, this is a good day to do so. If you can hire a babysitter, this is a good day to do so.
If you would normally be in school at this time, take this day to learn more about Government than you ever will in a classroom.

This day is an investment not only in your freedoms, but in those of your friends, your neighbors, and your children.
Please forward this message to anyone you feel could benefit from it.

If you can get down there for the hearing, sign the blue sheet stating that you oppose this horrid bill, and just sit there and listen to the hearing, it WILL make an impact on the committee members.

 

[Mazeman]

I got a response from one of my representatives. She wrote:

Ah - I think that's the one to immunize police chiefs for the discretion they are required by law to use, about dangerous carriers of pistol permits. If so, I might have been a sponsor too, if I hadn't had an overload..

But how it works is that an SB starts in the Senate, and if it passes the Senate it goes to the House. and vice versa. senators can sign on to house bills and vice versa if they want to support, but they just go to the other body to speak for it, or wait until it comes to them.

My response:

By NH law, the police chiefs "shall issue" these permits. Thus, their discretion should be limited, and should be able to be challenged by an applicant who is refused a permit. NH already has safeguards preventing criminals, and the mentally unstable, from obtaining these permits. With lessened accountability, there is a greater chance of a police chief's subjective opinion entering into the decision of who is issued a permit.

Removing accountability of the issuing officer and limiting the remedies for denied applicants goes against the spirit of the original law, and our own State's constitution: "All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state." By making these changes, the state unnecessarily exposes itself to additional legal challenges by denied applicants, especially in light of the DC Circuit Court's recent decision that reversed Washington's laws limiting firearm availabilty.

Finally, as I expressed in my original e-mail, adding the phrasing of "criminal and terrorist organizations" to the law seems unnecessary and vague.

Thanks for your responses, and like I said, hopefully this will never become a house bill.

Sincerely,

 

[Soybomb]

I have a non-resident NH permit, and this sounds like a step from shall issue to may issue to me. Anyone have contact information of the ideal people to contact for those of us out of state?

 

[romma]

What about anyone who disagrees with the State Of New Hamphire Government? Could they be deemed terrorists? What about Myself? I hold an Non-Res NH permit...

 

[newman32]

C'mon NH! Don't get all stupid like Jersey is! If you want to make a point, just tell your legislators to do a case-study on how NJ turned out once we embraced Nannystatism, and if they have at least a half brain, they will reconsider!

Seriously though, I have a NH non-res too, and look to NH as the last great state in the NE. Don't let it happen!

 

[Libertylover]

Like I said, get the morning off and head to Concord if you're a NH resident. Sign the blue sheet and sit in on the hearing. Take notes, or appear to be. I'm told by citizen lobbyists from the NH Liberty Alliance that this is extremely influential to the committee members, as they KNOW they're going to be watched and scrutinized on the issue, and it may get the more partisan anti-gunners to tone it down and go w/ the flow on this one if they think they're gonna get raked over the coals.

If you're a non-resident NH permit holder (I know there's a LOT of you out there!) than consider joining or sending some money to Gunowners of New Hampshire. www.gonh.org

 

[delta53]

retirement

Should I take NH off my list of retirement locations ?

 

[Igloodude]

It apparently went out of committee to the NH Senate floor this morning with a 5-0 vote from the committee recommending disapproval (someone fill in the correct terminology please). I.e., the vote went our way. The local evening news actually did a pretty fair job of covering it, IMHO.

 

[Libertylover]

It didn't go out of committee. I was at the hearing, along with about 150 concerned NH citizens who packed the hearing room to standing room only, and there were still tons of people outside. The blue sheet was filled with folks who disapproved, and I think there were only a handful who supported this bill.

The committe heard four supporters of the bill, including one of the sponsors and two police chiefs (gee, what a surprise there, eh?) and then a deluge of testimony against the bill followed from Gun Owners of NH (www.gonh.org), Second Amendment Sisters, Nashua Fish and Game Club, some state reps, and prominent gun rights attorney Evan Nappen.

At around 11:00, after hearing an hour and a half of testimony, mostly AGAINST the bill, with many more signed up to testify AGAINST the bill and no others lined up to testify FOR IT, the anti-gunners on the committe admitted defeat and went into their executive session, which I'm told usually takes two or three weeks to do while the committee members review the blue sheets and the written copies of the testimony. All members present voted "inexpedient to legislate" which in NH means the Committe does not recommend the bill. In NH, all bills still go to the floor, but for all intents and purposes, this bill is DEAD.

This was a probe by the anti-gunners in the state. They wanted to see just what they could slip in, and they got promptly hammered down.

More good news to come out of this is that one of the sponsors brought up the issue of Vermont carry, and how if we had Vermont carry, it would remove the Chiefs and town Selectmen from the process entirely, which I guess from his point of view would clear the issuing authorities of having to go to court for denying permits when they shouldn't be, and having to pay out of pocket the petitioner's lawyers fees if they lose.

Apparently, Vermont carry has been introduced to the NH legislature every year for five years now, and hasn't gone anywhere with the elephants in charge, so the jackasses... I mean donkeys, aren't gonna touch it, but it's good that we made such a strong showing today in support of our rights. Hopefully this will let the legislature know that ANY infringement on our RKBA on their part will result in lots of ear chewing, and probably them losing their re-election bids.