When Freedumb Fighters Become Tyrants

HOUSE BILL 1749-FN

AN ACT relative to the state's authority to prohibit or regulate firearms and relative to the selectmen's authority to manage town property.

SPONSORS: Rep. Hoell, Merr. 23; Rep. Comeau, Carr. 5; Rep. Itse, Rock. 10; Rep. Sylvia, Belk. 6; Rep. Burt, Hills. 39; Rep. Spillane, Rock. 2; Rep. Notter, Hills. 21; Rep. Baldasaro, Rock. 5; Rep. McConnell, Ches. 12; Rep. Wallace, Rock. 33

COMMITTEE: Municipal and County Government

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ANALYSIS

This bill revises the law on the state's authority to prohibit or regulate firearms, firearms components, ammunition, firearms supplies, and knives.  The bill also renders the selectmen's authority to manage town property subject to the provision of RSA 159:26.

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eighteen

AN ACT relative to the state's authority to prohibit or regulate firearms and relative to the selectmen's authority to manage town property.

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

1  Legislative Findings and Purpose.  The general court finds that:

I.  New Hampshire is not a home rule state.

II.  Municipal ordinances and regulations regarding firearm regulation may differ from municipality to municipality which may place a citizen in danger of inadvertently violating the law.

III.  A growing number of towns and local boards are violating RSA 159:26.

IV.  The issue is a growing problem as in the last 6 months, the following events have transpired, all of which violate RSA 159:26:

(a) The board of selectmen of the town of Milford has banned target shooting on town land.

(b) The city of Lebanon school board is attempting to ban firearms in or on school property and at school events that take place on non-school property.

(c)  The Lebanon police department has pledged to enforce the illegal gun ban enacted by the Lebanon school board.

V.  It is in the best interest of the citizens of the state of New Hampshire for the resources of local units of government to be used to enforce current law and not to waste time enforcing decisions that are in clear violation of statutes.

VI.  Repealing and reenacting RSA 159:26 to clarify the intent and further, to include penalties, will prevent these violations of state law.

2  Firearms, Ammunition, and Knives; Authority of the State.  RSA 159:26 is repealed and reenacted to read as follows:

159:26  Firearms, Ammunition, and Knives; Authority of the State. 

I.  The general court shall have exclusive authority and jurisdiction by statute over the sale, purchase, ownership, use, possession, transportation, licensing or permitting, taxation, or other matters pertaining to firearms, firearms components, ammunition, firearms supplies, and knives in the state.  Notwithstanding any other provision of law to the contrary, all delegations of legislative authority shall be by statute and shall explicitly state the extent and limits of the jurisdiction or authority delegated.  Except as otherwise specifically provided in statute, no ordinance, regulation, rule, or policy of an agency, political subdivision, committee, or other governmental unit of the state, or agent thereof may prohibit or regulate in any way the sale, purchase, ownership, use, possession, transportation, licensing or permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, firearms supplies, or knives in the state.  

HB 1749

Local control has always been sacred in NH. Past tense. Some municipalities are enacting gun ordinances for THEIR towns that the freedumb and libertea crowd disapproves of. This bill would remove local control and hand it to the legislature. 

These people (especially Free Staters Ed Comeau and Michael Sylvia) all bray about gummint tyranny - but vote them into government and they become the tyrants. 

JR Hoell - Who Needs Local Control?

GOP Favors Local Control Except When They Don't         h/t Tuck