NHFC President Jonathan Evans sent the following letter to every New Hampshire State Representative urging them to strongly oppose HB 1589, “sell a gun to a friend go to jail”.
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Dear Representative,
The New Hampshire Firearms Coalition is an organization representing tens of thousands of law abiding New Hampshire firearms owners, manufacturers and dealers. We are STRONGLY opposed to HB 1589 as well as the proposed amendment. I urge you to vote NO on an “ought to pass” motion or yes, on an “inexpedient to legislate” motion.
HB 1589 creates new crimes and places the State of New Hampshire in the position of telling otherwise law abiding citizens that they will be punished with fines and or jail time for selling or giving away their lawfully owned firearm(s).
HB 1589 as introduced and as amended is a poorly drafted bill that places both firearms owners and licensed dealers at risk of prosecution. It places firearms owners at risk of prosecution because of the profound ambiguity of the bill’s wording. For instance, they may sell a gun privately to a friend, in a transaction that both buyer and seller “think” is outside the parameters of the provisions of HB 1589. But if the seller had previously “displayed” their firearm at their gun club’s swap-meet, HB 1589 places them at risk of prosecution.
You should also know that current New Hampshire law requires that citizens may only sell firearms to persons whom they are acquainted with. Pursuant to federal law, both the buyer and seller must be residents of New Hampshire. If these conditions are not met the firearm must be transferred by a licensed firearms dealer. Dealers are required to conduct a background check for all transactions.
HB 1589 purports to tell licensed firearms dealers when and how a seller may leave their store with a firearm, both before the background check has been approved or if the check failed. However, these provisions are in direct contradiction to federal law and longstanding Bureau of Alcohol, Tobacco and Firearms regulations. If the dealer follows the provisions of HB 1589 as amended instead of ATF rules he will likely lose his license and face the risk of federal prosecution.
The simple truth is, there is no gun show or Internet loophole. If a New Hampshire resident purchases a firearm online from an out of state seller that firearm must be shipped to a licensed dealer in New Hampshire and a background check is conducted. When a licensed dealer sells a firearm at his store or at a gun show, likewise a background check is conducted. There are no loopholes.
HB 1589 was drafted and amended by legislators who do not understand how firearms are bought and sold and are unaware of the narrow parameters that allow a private party to sell a gun to another private party.
I heard that there is a move afoot to limit debate on HB 1589. Such a move will be viewed by Second Amendment advocates as an assault on good government and an overt anti-gun act intended to silence our voice in Concord. Please allow the appropriate and necessary debate on HB 1589.
HB 1589 cannot be amended or “fixed”; the only way to solve the problems that will be created by HB 1589 is to vote it “inexpedient to legislate” (ITL).
Thanks for your support.
In Liberty,
President – NHFC
P.S. NHFC urges you to vote inexpedient to legislate on HB 1589.
