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Tell Your Representative to Stop Warrantless Searches by Fish & Game Officers

by Secretary, NHFC on March 4, 2023

Two weeks ago, we sent out an alert regarding HB 498-FN, a bill requiring fish and game officers to obtain a warrant to conduct a search and seizure. This bill would go a long way in protecting your right to keep and bear arms and keeping our government in check.
 
And this is why I’m alerting you regarding this bill today.  We need you to email and call your State Reps to help us restore our rights.  Draft email at the bottom of this letter and an email address to send it to.  Feel free to edit the email or the subject line.  If they respond back, please share their response.  We like to recognize those who support our natural and constitutional rights.
 
Unfortunately, on February 23rd, when the HB498 came up for a floor vote the first time, we only had 113 members who were willing to make sure our statutes were compliant to the United States and New Hampshire Constitutions
 Our Constitutions are very clear: US: Fourth amendment: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,…”
 
NH: Part First, [Art.] 19. [Searches and Seizures Regulated.] “Every subject hath a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his possessions….”
 
Currently, Fish and Game officers have the authority to oversee numerous areas of law. In addition to overseeing fish and game laws, they oversee ATVs and Snowmobiles and even the Department of Motor Vehicle laws. 
 
They can also engage in search and seizure actions, anywhere and on anyone, without a warrant.  Statutes allow them to pull you over anytime, for any reason, search your vehicle and seize your firearms or any other property they deem fit to take.   While the department claims this never happens, why are they so vehemently fighting this change to our statutes???
 
I wish I was reporting this week that this bill had passed and that all 400 New Hampshire House members were willing to honor their oath to uphold the constitutions.  Unfortunately, the bill failed last week.
 
The oath listed below is pretty clear.  There are no carve outs.  There is no wiggle room.
 
I, [insert name] do solemnly swear, that I will bear faith and true allegiance to the United States of America and the state of New Hampshire, and will support the constitution thereof. So help me God.
 
I, [insert name] do solemnly and sincerely swear and affirm that I will faithfully and impartially discharge and perform all duties incumbent on me as [insert office], according to the best of my abilities, agreeably to the rules and regulations of this constitution and laws of the state of New Hampshire. So help me God.

 
This week, we have one last attempt to pass this bill on Thursday March 9th.  The first item on the agenda for that day will be a reconsideration motion on HB 498-FN.  If that motion passes we can again take up the bill and pass this from our chamber.  Ultimately, if passed into law, HB498 would curtail such reckless power.
 
I ask once again that you contact your state representative today and urge them to vote in favor of HB 498-FN. You can find your House member by going to  (place link here). And when you contact your House member, feel free to remind them that NHFC is going to score rollcalls on HB 498-FN.
 
Please contact your state representative today.
 
And after contacting your House member, I next ask that you send a message to the Criminal Justice and Public Safety Committee, asking these committee members to speak in favor of HB 498-FN when it next comes up for a vote.
 
You can send a pre-formatted message simply clicking the button below. This will send a message immediately to the committee members. (Not sure about the text here)
 
  HouseCriminalJusticeandPublicSafety @ leg.state.nh.us

A Message Criminal Justice and Public Safety Committee Members:
 
Dear Member of the Criminal Justice and Public Safety Committee,
 
As a citizen and voter in New Hampshire, as well as a member of the New Hampshire Firearms Coalition which tracks and scores votes on bills dealing with 2nd Amendment rights, I’m very concerned about your previous lack of support for HB 498-FN, a bill to require Fish and Game officers obtain a warrant before conducting any search and seizures.
 
As I’m sure you are aware, Fish and Game officers can stop a vehicle anywhere in the Granite State and conduct a search and seizure without a warrant. This grants them greater power than that given to law enforcement officers at both the local and state level. And while the current law violates our 4th Amendment rights, I am particularly concerned about the power granted to Fish and Game officers to be able to seize firearms without a warrant.
 
I urge you to reconsider your position on HB 498-FN, and when the bill comes up to the House floor for another vote that you will take the opportunity to honor your oath of office and stand up and speak favorably towards passage of this bill.  Edmund Burke is quoted as saying:”The only thing necessary for the triumph of evil is for good men to do nothing.” 
I thank you in advance for your future support of HB 498-FN, as well as other measures that protect our precious right to keep and bear arms. 
For Liberty,


JR Hoell, Secretary
New Hampshire Firearms Coalition

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