New Hampshire bill aims to prevent Katrina-style gun seizures

[DadaOrwell]

January 2, 2006
Concord, N.H.

Concerned by perceived abuses of Federal power during the Katrina crisis, New Hampshire state reps are reviewing a bill which would criminalize certain weapons seizures - even if the perpetrators are Federal officers. House Bill 1639-FN, prohibits the confiscation of lawfully owned and lawfully carried firearms during a state of emergency, making a felon of any law enforcement officer who attempts to seize such a firearm during a disaster.

The bill was sponsored by Rep. Paul Hopfgarten at the request of local Free Staters - members of a group trying to recruit freedom lovers to New Hampshire and turn it into an even more libertarian state than it already is (www.freestateproject.org).

The bill reads: "Any law enforcement officer, person acting as a law enforcement officer, or other public official who confiscates or attempts to confiscate lawfully carried or lawfully owned firearms in this state during a declared state of emergency
shall be charged with a class A felony."

In the chaos following Hurricane Katrina, various government agencies - including Federal Marshalls - made systematic
attempts to sweep New Orleans of guns - even if that meant entering the homes of law abiding gun owners. The move did not cause widespread outrage in most states. But New Hampshire residents reacted by burning a FEMA flag in front of a local Federal building. They also circulated a petition pledging resistance if such a move were ever attempted in the "Live Free or Die" state....a place where guns are part of the culture and gun laws are the second-loosest in the nation.

Activists say whether it passes or not, this "Gun Protection Bill" is one more small thing they can do to try and protect themselves from disarmament at the hands of any government, during a time when they believe they will need their weapons most.

Bill text: http://www.gencourt.state.nh.us/legi...06/hb1639.html
Information regarding the date and time of the bill hearing:
http://forum.soulawakenings.com/index.php?topic=2550.0
Media coverage of FEMA flag burn:
http://www.cmonitor.com/apps/pbcs.dl...63/1001/NEWS01

[bonehead]

Bravo New Hampshire. With luck most of the other states will follow suit.

[leib10]

An excellent idea. Hopefully we can deal a blow to the antis here.

[DadaOrwell]

The story about this bill made it to the Alex Jones national talk show this week...

http://infowars.com/articles/2nd_ame...e_gun_grab.htm

[Shek]

Maybe it's just me, but was there even a need for such a bill in New Hampshire? When was the last earthquake or hurricane to hit NH?

[Bill]

I think it's awesome.

[giggs88]

Maybe it's just me, but was there even a need for such a bill in New Hampshire? When was the last earthquake or hurricane to hit NH?

It can be for any disaster or emergencies I guess.

[Kid<2>Nite]

Maybe it's just me, but was there even a need for such a bill in New Hampshire? When was the last earthquake or hurricane to hit NH?

Obviously you've never been through a good old Nor'Easter up here in New Hampsha'. The kind where you have to jump out the second story window to get to the snow shovel.
If ya ever get a chance come on up and see the scenic beauty. You can even go visit the "Old Man in the Valley"

[bonehead]

As the people in New Orleans found out, it is best to have these kinds of laws in place before hand.

[DadaOrwell]

Here's the latest: The House Committee hearing the bill has voted 13-5 to recommend that the bill not pass.

However it must still go before the full House on March 7, where such recommendations are sometimes overturned.

Primarily this "no" vote stems from concerns that this would have a chilling affect on a policeman's ability to briefly secure a weapon from a person while trying to determine whether it is "lawfully borne." An amended version may come into play next year that addresses this concern, and in the meantime I understand several other state legislatures have initiated copycat legislation, or at least legislation that is similar. We'll see how these do. It's a start!

More details are on the NHfree.com forums:

http://forum.soulawakenings.com/index.php?topic=2550.0

[HistoricalDavid]

As the people in New Orleans found out, it is best to have these kinds of laws in place before hand.

You might as well learn the lesson for next time.

[Bill]

Thanx for the updates.

[DadaOrwell]

Thanx for the updates.

Thanks for the replies. 10000 posts??? dude you are going to have a caffine OD! :D

[Horrido]

Lawsuits have been brought against Nagin and the NO-PD Chief by the NRA.

[DadaOrwell]

OK here is the latest on this issue...the House bill I originally told you guys about earlier this year got voted down in commitee. However the Senate made a version of their own, soimewhat less controvesial. And New Hampshire's governor has signed it! Yeehaah!!!!!

It becomes law July 14 and makes clear that cops don't get to take our guns during a state of emergency.

Here is an article about it on the Gun Owners of New Hampshire website:


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http://gonh.org/

SB348 "Katrina" Bill Signed by Governor on May 15
the "Katrina" no-emergency-gun-confiscation bill was signed into law on May 15.

The new law, a paragraph added to RSA 4:46 <http://www.gencourt.state.nh.us/rsa/html/I/4/4-46.htm> pertaining to the taking of private property during a state of emergency, is as follows:
I-a. Under no circumstances shall this section be construed to authorize the taking, confiscation, or seizure of firearms, ammunition, or ammunition components.

This will go into effect in 60 days, on July 14.
RSA 4:46 <http://www.gencourt.state.nh.us/rsa/html/I/4/4-46.htm> has a penalty provision of a Class B felony in paragraph VI:

VI. Any person who willfully takes possession of, or attempts to take possession of, property, purporting to act under this section but without authority to so act, whether by false pretense or otherwise, upon conviction, shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person, and 1/2 of any fine imposed shall be paid to the owner of the property and 1/2 to the county.
In light of the ongoing flooding emergency in our state, this is encouraging news.
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