This was sent to us by one of the attorneys that reviews legislation and provides feedback for us. As filed HB1178 was a well intention-ed bill, however, like most legislation, it was corrupted by the politicians along the way. In particular, section two [ Proposed RSA 159-E:2 ] of the bill could be harmful to gun owners. In fact section II guts most of what section one was trying to do. We ask that you read their letter to us.
Dear Fellow Second Amendment Supporter,
The backers of House Bill 1178 – allegedly “pro gun” – want to gut New Hampshire’s legal protections for firearm-owners.
HB1178, if enacted, could: will
(a) shift all background checks to the FBI’s NICS center, by prohibiting use of state funds to carry out any “law, act, rule, order, or regulation of the United States Government.” This shift must be blocked.
Those, denied access to firearms by the NH State Police “gun line”, are told – in detail – the basis for the denial. That gives someone denied a basis to find court or other records, that show that they actually are NOT barred from owning firearms. Not so, with FBI NICS, which does not give such helpful information to those denied.
(b) allow all sorts of State records to be transferred to the Feds, simply because some state official thinks that should be done. Once the Feds have the information – even if it is later shown to be inaccurate – getting that inaccurate information fixed is like climbing Mt. Everest without bottled oxygen. Few have done this. The idea that “reasonable suspicion” is a solid basis for any government action is not just absurd. It is insanity.
[These records could arguably mean that mental health records as well]
“providing authorized federal officials, upon their request, with official state, county, or local records that are available to the public or which constitute criminal history records maintained by an agency of state, county, or local government, or taking any other action necessary to fulfill or comply with the state’s obligations under the National Crime Prevention and Privacy Compact approved and ratified in RSA 106-B:14, III,
(c) allow Courts to enter into the Federal records, domestic violence restraining orders, even before an hearing has been held, to show there’s a factual basis for issuance of such an order. Worse yet, if a Court later finds there is no factual basis for such an order, there might be real hurdles to get this cleared by the feds.
Even worse than that, even if an update is submitted, no New Hampshire authority can require the Feds to remove from their records the outdated Court ruling. So, someone falsely accused of domestic violence loses his/her civil right to be armed, and can’t clear their name, except – perhaps – by a long and costly lawsuit. Can You write checks for the tens of thousands of dollars needed to pay an attorney, to try to get the Feds to fix their records?
Call or e-mail your representative to tell him/her – firmly but politely – to vote against HB1178, no matter what amendments are made to it. HB1178 is a direct and deadly attack on your civil right to be armed. It cannot be fixed. It must be voted, “inexpedient to legislate”!!!
With this in mind please contact your House member and ask them to vote to either non-concur or ‘non-concur and ask for a committee of conference’ to fix this bill. Your House members contact information can be found on the state house website or here
CALL WRITE ATTEND
BECOME AN ACTIVIST FOR THE 2ND AMENDMENT
NO COMPROMISE
For Liberty,
JR Hoell, Secretary
New Hampshire Firearms Coalition
