Si vis pacem, para bellum - Granite Grok

Si vis pacem, para bellum

After today’s sub-committee “hearing” on HB 1589, Universal Background Checks, I am saddened to have to admit to myself that any foolish beliefs I held about representative government and due process are the stuff of children’s dreams. I’ve always liked to believe that I am a logical, rational person who is able to connect dots; when I cannot, I used to believe that sound, in-depth research would lead me to facts, and ultimately, truths. Maybe not truths that I liked, but truths nevertheless.

What I am saying is I am fully convinced that that the fix is in on HB 1589…[you’ll see below the amendment handed out today which we were told they plan to amend again before Tuesday’s Executive Session] The chair of the committee, Ed Butler, Democrat of Hart’s Location, could care less about 1000s of emails and hundreds of phones opposing gun registration – the ultimate goal of HB 1589. He says “appreciates” our points of view, he says ‘respects” our opinions, but from where I sat today, he seemed as though he could give a red rat’s rear-end about our rights when he believes they should be restricted, if allowed at all. He and the bill’s prime sponsor, Elaine “Blood Red Shoes” Andrews-Ahern (lord I hate the pretension of hyphenated names), are hell-bent on sneaking the camel’s nose of gun registration underneath the statutory tent.

Make no mistake. The aberration of a piece of legislation is still metastasizing and the newest growths will not be revealed until sometime Tuesday morning before the full committee meets to “exec” it.
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Rep. Butler, Carr. 7
Rep. Andrews-Ahearn, Rock. 37
January 30, 2014
2014-0331h
04/05

Amendment to HB 1589-FN

Amend the title of the bill by replacing it with the following:

AN ACT requiring a criminal background check for certain firearm sales or transfers.

Amend the bill by replacing all after the enacting clause with the following:

1 Purpose. It is the purpose and intent of the general court in enacting RSA 159-E to require commercial firearm sales and transfers in New Hampshire to be processed through a licensed firearms dealer, who will conduct a background check and create a record of each sale. The general court believes this law will protect public safety by helping to keep guns out of the hands of felons, domestic abusers, the dangerously mentally ill.
2 New Chapter; Universal Background Checks for Firearms Sales. Amend RSA by inserting after chapter 159-D the following new chapter:

CHAPTER 159-E
UNIVERSAL BACKGROUND CHECKS FOR FIREARMS SALES

159-E:1 Definitions. As used in this chapter:
I. “Commercial sale” means a sale, transfer, or exchange of a firearm that takes place at, or on the curtilage of, a gun show or pursuant to an offer to sell or buy a firearm that took place at a gun show, or pursuant to an advertisement, posting, listing, or display.
II. “Firearm” means any weapon or device designed to be used as a weapon, which will, is designed to, or may be readily converted to expel a projectile by the action of an explosive, explosion, or other means of combustion, or the frame or receiver of such a device, provided the term “firearm” shall not include the term “antique firearm” as defined in 18 U.S.C. section 921(a)(16), or a weapon that has been rendered permanently inoperable and is incapable of being readily restored to a firing condition.
III. “Individual” means a natural person.
IV. “Law enforcement” means any person employed by the United States, or a state, county, city, municipality, village, township, or other political subdivision as a police officer, peace officer, or another position involving the enforcement of the law and protection of the public interest.
V. “Licensed firearms dealer,” “licensed dealer,” or “dealer” means a person who has a valid federal firearms dealer license under 18 U.S.C. section 923(a), and all additional licenses required by state or local law to engage in the business of selling firearms.
VI. “Person” means any corporation, company, association, firm, partnership, club, organization, society, joint stock company or other entity, and shall include any entity that engages in business in this state, in whole or part, through Internet or mail order sales.
VII. “Prohibited person” means any person who is prohibited from owning or possessing a firearm pursuant to 18 U.S.C. section 922(d) or pursuant to state law.
159-E:2 Firearms Sales to be Conducted Through a Licensed Dealer.
I. No person shall engage in the commercial sale of a firearm unless:
(a) The person is a licensed firearms dealer;
(b) The purchaser is a licensed firearms dealer; or
(c) The requirements of paragraph II are met.
II. If neither party to a prospective firearms transaction is a licensed firearms dealer, the parties to the transaction shall complete the commercial sale through a licensed firearms dealer as follows:
(a) The seller shall deliver the firearm to the dealer, who shall process the sale as if he or she were the seller, except that the seller may remove the firearm from the business premises of the licensed dealer while the background check is being conducted. If the seller removes the firearm from the business premises of the licensed dealer while the background check is being conducted, the purchaser and the seller shall return to the business premises of the licensed dealer, and the seller shall again deliver the firearm to the licensed dealer prior to completing the sale.
(b) Except as provided in subparagraph (a), the dealer shall comply with all requirements of federal, state, and local law that would apply if the licensed dealer were selling the firearm from his or her inventory to the purchaser, including but not limited to, conducting a background check on the prospective purchaser, which shall include a check of the National Instant Criminal Background Check System (NICS), and compliance with all federal, state, and local recordkeeping requirements.
(c) If the transaction is not prohibited, the dealer shall deliver the firearm to the buyer after all legal requirements are met.
(d) If the dealer cannot legally deliver the firearm to the buyer, the dealer shall return the firearm to the seller and the transfer to the buyer shall not take place.
(e) The dealer may require the purchaser to pay a reasonable fee.
159-E:3 Exception. This chapter shall not apply to a noncommercial, private sale, transfer, or exchange of a firearm between individuals, provided neither party to the transaction is a prohibited person. If the status of either party’s eligibility to own or possess a firearm cannot be ascertained, the transaction shall be completed through a federally-licensed firearm dealer pursuant to RSA 159-E:2, II.
159-E:4 Penalties.
I. Any person who violates any provision of this chapter shall be guilty of a class B misdemeanor for a first offense, and a class A misdemeanor for a second or subsequent offense. Each day or portion of a day during which a violation of this chapter is committed or continues shall constitute a separate offense.
II. The local law enforcement agency shall report all violations of this chapter by a licensed firearms dealer to the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
159-E:5 Other Laws.
I. Nothing in this chapter shall be construed to modify or change the duties of the department of safety pursuant to RSA 159-D.
II. Nothing in this chapter shall be construed to require or authorize any state, county, or local law enforcement agency to establish or maintain a registry of firearms sold or transferred in accordance with this chapter.
3 Applicability. The provisions of section 2 of this act shall apply to the sale of a firearm on or after the effective date of this act and shall not apply to sales completed prior to the effective date of this act.
4 Effective Date. This act shall take effect January 1, 2015.

Article 10.
Article 10.

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