Posted on 01/03/2006 9:51:35 AM PST by Dada Orwell
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 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/leg...006/hb1639.html Media coverage of FEMA flag burn: http://www.cmonitor.com/apps/pbcs.d...363/1001/NEWS01
One of the guys on Free Talk Live ( the free staters' syndicated radio show) suggested the bill would also be better if it simply authorized citizens to shoot the offical attempting to perpetrate the seizure. I do like that better, since it would avoid court costs, but this is a start.
James Madison wrote:
Were it admitted, however, that the Federal government may feel an equal disposition with the State governments to extend its power beyond the due limits, the latter would still have the advantage in the means of defeating such encroachments. If an act of a particular State, though unfriendly to the national government, be generally popular in that State and should not too grossly violate the oaths of the State officers, it is executed immediately and, of course, by means on the spot and depending on the State alone. The opposition of the federal government, or the interposition of federal officers, would but inflame the zeal of all parties on the side of the State, and the evil could not be prevented or repaired, if at all, without the employment of means which must always be resorted to with reluctance and difficulty. On the other hand, should an unwarrantable measure of the federal government be unpopular in particular States, which would seldom fail to be the case, or even a warrantable measure be so, which may sometimes be the case, the means of opposition to it are powerful and at hand. The disquietude of the people; their repugnance and, perhaps, refusal to co-operate with the officers of the Union; the frowns of the executive magistracy of the State; the embarrassments created by legislative devices, which would often be added on such occasions, would oppose, in any State, difficulties not to be despised; would form, in a large State, very serious impediments; and where the sentiments of several adjoining States happened to be in unison, would present obstructions which the federal government would hardly be willing to encounter.
--James Madison, Federalist 46
There hasn't been much sign of that kind of mindset in a long time. But it may yet arise.
the story made it to Alex Jones' national talk show on Thursday:
http://infowars.com/articles/2nd_ame...e_gun_grab.htm
Sounds like the War Between the States;A. Lincoln surmounted those difficulties envisioned by Madison and others have taken many steps to reduce the power of the States and the People in favor of Federal Control.
May NH stand their ground.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.