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New Hampshire bill aims to prevent Katrina-style gun seizures
Nhfree.com ^

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


TOPICS: Government; US: Louisiana; US: New Hampshire
KEYWORDS: banglist; donutwatch; freestateproject; govwatch; hurricanekatrina; katrina
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1 posted on 01/03/2006 9:51:36 AM PST by Dada Orwell
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To: Dada Orwell

NRA !


2 posted on 01/03/2006 9:52:33 AM PST by Eric in the Ozarks
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To: Dada Orwell

Oh my gosh. So the prison population in NO was let loose because none of the local or state authorities thought to relocate them when Katrina was coming.

Can you blame people for wanting guns with criminals on the loose?

More importantly, how do we know that it wasn't the criminals who mostly took the guns to begin with?


3 posted on 01/03/2006 9:55:32 AM PST by saveliberty (Proud to be Head Snowflake and Bushbot)
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To: saveliberty

What is amusing about this entire episode...from New Hampshire to New Orleans...is that we have a consitution that allows for freedom to bear arms. You would think that the constitution overrules just about anything in the book in US law...and this NH law wouldn't even be necessary...yet as these fools in NO have proven...people are not even capable of enforcing the consitution.


4 posted on 01/03/2006 9:58:49 AM PST by pepsionice
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To: Dada Orwell

bttt


5 posted on 01/03/2006 10:00:07 AM PST by righthand man (WE'RE SOUTHERN AND PROUD OF IT)
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To: pepsionice

We heard from Justices Sandra Day O'Connor and Stephen Breyer that the Constitution means whatever they say it means.

Justice Scalia points out that this means that there is no Constitution, just a body of personal preferences of the justices.


6 posted on 01/03/2006 10:00:52 AM PST by saveliberty (Proud to be Head Snowflake and Bushbot)
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To: Dada Orwell

Live free or die.


7 posted on 01/03/2006 10:04:01 AM PST by Lunatic Fringe (North Texas Solutions http://ntxsolutions.com)
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To: Dada Orwell

It sounds like a great plan but I still find it amazing that any state thinks it can assert any authority over the fedgov.


8 posted on 01/03/2006 10:11:38 AM PST by TigersEye (They hang traitors don't they?)
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To: pepsionice

I have armed my bear, he's out back of my house hiding waiting for the next election, HELP!!! the liberals have taken over my state!!!!


9 posted on 01/03/2006 10:16:48 AM PST by thorthor
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To: Dada Orwell
Concerned by perceived abuses of Federal power during the Katrina crisis,

Opening line media bias alert.

There was nothing perceived about it. They were abuses!

10 posted on 01/03/2006 10:19:49 AM PST by kAcknor (Don't flatter yourself.... It is a gun in my pocket.)
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To: Dada Orwell

Here it is:

HB 1639-FN – AS INTRODUCED

2006 SESSION

06-2881

09/04

HOUSE BILL 1639-FN

AN ACT prohibiting the confiscation of lawfully owned and lawfully carried firearms during a state of emergency.

SPONSORS: Rep. Hopfgarten, Rock 5; Rep. Bicknell, Rock 1; Rep. Lund, Rock 5; Rep. Hellwig, Hills 27

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill prohibits law enforcement officers and other public officials from confiscating lawfully owned and lawfully carried firearms during a state of emergency.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2881

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT prohibiting the confiscation of lawfully owned and lawfully carried firearms during a state of emergency.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraph; State of Emergency; Confiscation of Firearms Prohibited. Amend RSA 4:46 by inserting after paragraph VI the following new paragraph:

VII.(a) 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.

(b) Notwithstanding the provisions of RSA 651:2, any violation of this paragraph shall be punishable by a fine of not less than $5,000, a letter of reprimand by the violator’s chief presiding law enforcement officer, and imprisonment for not less than 30 days in a state correctional facility.

2 Effective Date. This act shall take effect 60 days after its passage.

LBAO

06-2881

11/2/05

http://www.gencourt.state.nh.us/legislation/2006/HB1639.html


11 posted on 01/03/2006 10:32:21 AM PST by A. Patriot
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To: albertp; Allosaurs_r_us; Abram; AlexandriaDuke; Americanwolf; Annie03; Baby Bear; bassmaner; ...
Libertarian ping.To be added or removed from my ping list freepmail me or post a message here
12 posted on 01/03/2006 10:46:21 AM PST by freepatriot32 (Holding you head high & voting Libertarian is better then holding your nose and voting republican)
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To: Dada Orwell

Someone tell your gungrabbing hoplophobe neighbor Mitt Romney.

He's never heard of the Constitution.


13 posted on 01/03/2006 11:01:48 AM PST by the gillman@blacklagoon.com
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To: the gillman@blacklagoon.com

This causes me to have some hope that our Republic may last!


14 posted on 01/03/2006 4:34:55 PM PST by vrwc0915 ("Necessity is the plea of every infringement of human freedom. It is the argument of tyrants,)
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To: TigersEye

Tiger wrote: "... I still find it amazing that any state thinks it can assert any authority over the fedgov."

Then stand in amazement.


15 posted on 01/03/2006 4:47:58 PM PST by Dada Orwell (www.freestateproject.org)
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To: vrwc0915

Right next door in Massachusetts, Romney has revoked the second amendment entirely.

Where's the hope?


16 posted on 01/03/2006 6:50:45 PM PST by the gillman@blacklagoon.com
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To: the gillman@blacklagoon.com
That an elected official would actually introduce a law that supported the constitution rather than shred it
17 posted on 01/03/2006 6:52:40 PM PST by vrwc0915 ("Necessity is the plea of every infringement of human freedom. It is the argument of tyrants,)
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To: vrwc0915

New Hampshire is only a little bigger than Mt Carmel.


18 posted on 01/03/2006 6:55:30 PM PST by the gillman@blacklagoon.com
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To: Dada Orwell
The wording would imply that others besides law enforcement officers may confiscate guns. The wording should specify "all people including enforcement officers".
19 posted on 01/03/2006 7:19:05 PM PST by Raycpa
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To: Raycpa
The penalty for non officials trying to take weapons away is usually handed out immediately and without the right to appeal
20 posted on 01/03/2006 7:48:37 PM PST by vrwc0915 ("Necessity is the plea of every infringement of human freedom. It is the argument of tyrants,)
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