New Hampshire bill aims to prevent Katrina-style gun seizures

[DadaOrwell]

Another piece of New Hampshire news I'd like to get the FC take on:

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/legislation/2006/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.dll/article?AID=/20050922/REPOSITORY/509220363/1001/NEWS01

[UnkHiram]

I would love to see some confirming source for the "Katrina Seizure of Guns" from a site that is not quite so questionable.

[DadaOrwell]

I would love to see some confirming source for the "Katrina Seizure of Guns"



http://www.newsmax.com/archives/ic/2005/9/12/193358.shtml

http://fsnews.findlaw.com/articles/andrews/pl/gun/20051003/20051003nra.html

http://www.townhall.com/opinion/column/donaldr.may/2006/02/06/185303.html

[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

[DadaOrwell]

OK here is the latest on this issue...the New Hampshire 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.
Here is an article about it on the Gun Owners of New Hampshire website:

-----
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:
<DIR>I-a. Under no circumstances shall this section be construed to authorize the taking, confiscation, or seizure of firearms, ammunition, or ammunition components.
</DIR>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:
<DIR>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.
</DIR>In light of the ongoing flooding emergency in our state, this is encouraging news.
----

[Beowulf]

Bills like this and bans only hurt law abiding citizens....and the criminals know it! NOLA has become a huge debacle after Katrina. Confiscating guns from law abiding citizens and now $2 billion dollars in fraudulent loans and such.

[The_Sonarman]

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."

"A declared state of emergency" is precisely "when" a firearm is most needed by law abiding citizens. I fail to find the clause of the US Constitution where it says "during a state of emergency, the Second Amendment may be violated at the pleasure of government officials".

I like the idea of severely curtailing and limiting our Government Servant's powers. "We The People" have far too many laws hammered upon us limiting our freedoms. There is far too much Government Servant's stretching existing "laws" up to and past the breaking point. It's high time "We The People" had a couple more "clarifications" (ie. laws) in place, letting our Servant's know the penalties for violating our rights. Any government official or LEO who doesn't like it is free to seek other employment.

It is far past time "We" had additional chains on The Beast that is Government.

If a Law Enforcement Officer (of whatever flavor, state, local, city) want me to surrender my Concealed Carry firearm to them for a few minutes during a traffic stop (until they're satisfied I have no warrants on me), fine. I get it back once they've run my name through NCIC and I come back clean.

Confiscation is something else. "Confiscation" is theft of property under threat of government violence (ie. gunpoint). Regular citizens who do this and get caught have criminal charges filed against them.... and we call it "Armed Robbery". I see no difference when legally owned property is "Confiscated" at gunpoint by government officials. It is still "Armed Robbery".

[Wolfcounsel]

No SOB, public or private, will interfere with my right of self-defense, EVER!