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New Hampshire Bill #HB 1285   View details of Bill | Go to Bill Online
HB 1285 – AS INTRODUCED

2010 SESSION

10-2014

04/09

HOUSE BILL 1285

AN ACT relative to the exemption of certain firearms, firearms accessories, and ammunition made in New Hampshire from federal law and regulation.

SPONSORS: Rep. Itse, Rock 9; Rep. Vita, Straf 3; Rep. Swinford, Belk 5; Rep. Boyce, Belk 5; Rep. Kappler, Rock 2; Sen. Letourneau, Dist 19

COMMITTEE: Commerce and Consumer Affairs

ANALYSIS

This bill exempts firearms, firearm accessories, and ammunition manufactured in New Hampshire from federal law and regulation.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2014

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to the exemption of certain firearms, firearms accessories, and ammunition made in New Hampshire from federal law and regulation.

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

1 Legislative Declarations of Authority. The legislature declares that the authority for this act is the following:

I. The Tenth Amendment to the Constitution for the United States guarantees to the states and their people all powers not granted to the federal government elsewhere in the constitution and reserves to the State and people of New Hampshire certain powers as they were understood at the time that New Hampshire ratified the Bill of Rights, particularly the Tenth Amendment in 1790. The guaranty of those powers is a matter of contract between the State and people of New Hampshire and the several States comprising the United States as of the time that the compact was agreed upon and adopted by New Hampshire and the several States comprising the United States.

II. The Ninth Amendment to the Constitution for the United States guarantees to the people rights not granted in the constitution and reserves to the people of New Hampshire certain rights as they were understood at the time that New Hampshire ratified the Bill of Rights, particularly the Tenth Amendment in 1790. The guaranty of those powers is a matter of contract between the State and people of New Hampshire and the several States comprising the United States as of the time that the compact with the United States was agreed upon and adopted by New Hampshire and the several States comprising the United States.

III. The regulation of intrastate commerce is vested in the states under the Ninth and Tenth Amendments to the Constitution for the United States, particularly if not expressly preempted by federal law pursuant to Article 1, Section 8 of the Constitution for the United States. Congress has not expressly preempted State regulation of intrastate commerce pertaining to the manufacture, on an intrastate basis, of firearms, firearms accessories, and ammunition.

IV. The Second Amendment to the United States constitution reserves to the people the right to keep and bear arms as that right was understood at the time that New Hampshire ratified, in 1790, the Bill of Rights, particularly the Second Amendment, and the guaranty of the right is a matter of contract between the State and people of New Hampshire and the several States comprising United States as of the time that the compact was agreed upon and adopted by New Hampshire and the several States comprising the United States, by that said ratification.

V. New Hampshire, having already established in 1784 its own constitution, with Articles 2 and 7 guaranteeing that New Hampshire citizens had the right to defend life and liberty and defend property and that these rights would not be superseded by the powers delegated to the Congress of the United States of America, such that when New Hampshire ratified the United States constitution these rights were clearly understood to exist in the State of New Hampshire. Article 2 of the New Hampshire Bill of Rights: Natural Rights. All men have certain natural, essential, and inherent rights among which are, the enjoying and defending life and liberty; acquiring, possessing, and protecting, property; and, in a word, of seeking and obtaining happiness. Article 7 of the New Hampshire Bill of Rights clearly provides that the people of this state have the sole and exclusive right of governing themselves as a free, sovereign, and independent state; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America in congress assembled, June 2, 1784.

VI. Article 2a of the New Hampshire Bill of Rights: The Bearing of Arms. All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state, December 1, 1982. This article was an explicit recognition of the rights implicit in Article 2 as it was adopted in 1784.

2 New Chapter; Lawful Commerce in Firearms. Amend RSA by inserting after chapter 159-D the following new chapter:

CHAPTER 159-E

LAWFUL COMMERCE IN FIREARMS

159-E:1 Definitions. As used in this chapter, the following definitions apply:

I. “Firearms accessories” means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including but not limited to telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, optics for target identification, and lights for target illumination.

II. “Generic and insignificant parts” includes but is not limited to springs, screws, nuts, and pins.

III. “Manufactured” means that a firearm, a firearm accessory, or ammunition has been created from basic materials for functional usefulness, including but not limited to forging, casting, machining, molding, or other processes for working materials.

159-E:2 Prohibitions. Notwithstanding any other law to the contrary, a personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in New Hampshire and that remains within the state of New Hampshire is not subject to federal law or taxation, or federal regulation, including registration, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. This section applies to a firearm, a firearm accessory, or ammunition that is manufactured in New Hampshire from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state. Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearms accessories, or ammunition, and their importation into New Hampshire and incorporation into a firearm, a firearm accessory, or ammunition manufactured in New Hampshire does not subject the firearm, firearm accessory, or ammunition to federal regulation. It is declared by the legislature that basic materials, such as, but not limited to, unmachined steel and unshaped wood, are not firearms, firearms accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories, and ammunition under interstate commerce as if they were actually firearms, firearms accessories, or ammunition. The authority of congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories, and ammunition made in New Hampshire from those materials. Firearms accessories that are imported into New Hampshire from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in New Hampshire.

159-E:3 Marketing of Firearms. A firearm manufactured or sold in New Hampshire under this chapter shall have the words “Made in New Hampshire” clearly stamped, inscribed, or otherwise marked on a central part of the firearm, such as the receiver or frame.

159-E:4 Penalty.

I. Any public servant of the State of New Hampshire as defined in RSA 640:2 that enforces or attempts to enforce a act, order, law, statute, rule or regulation of the government of the United States upon a personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in New Hampshire and that remains within the State of New Hampshire shall be guilty of a class A misdemeanor.

II. Any official, agent, or employee of the government of the United States, or employee of a corporation providing services to the government of the United States that enforces or attempts to enforce a act, order, law, statute, rule or regulation of the government of the United States upon a personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in New Hampshire and that remains within the State of New Hampshire shall be guilty of a class B felony.

159-E:5 Applicability. This chapter shall apply to firearms, firearms accessories, and ammunition that are manufactured, as defined in this chapter, and retained in New Hampshire after January 1, 2011.

3 Effective Date. This act shall take effect July 1, 2010.

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