Revision: Jan. 13, 2011, midnight
HB 125-FN – AS INTRODUCED
2011 SESSION
04/03
HOUSE BILL 125-FN
AN ACT relative to lawful commerce in firearms, including manufacture and sale, in New Hampshire.
SPONSORS: Rep. Itse, Rock 9; Rep. Comerford, Rock 9; Rep. Hoell, Merr 13; Rep. W. O'Connor, Straf 3
COMMITTEE: Constitutional Review and Statutory Recodification
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0078
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to lawful commerce in firearms, including manufacture and sale, in New Hampshire.
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 United States constitution 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 United States as of the time that the compact with the United States was agreed upon and adopted by New Hampshire and the United States.
II. The Ninth Amendment to the United States constitution 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 rights is a matter of contract between the state and people of New Hampshire and the United States as of the time that the compact with the United States was agreed upon and adopted by New Hampshire and the United States.
III. The regulation of intrastate commerce is vested in the states under the Ninth and Tenth amendments to the United States constitution, particularly if not expressly preempted by federal law. 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 United States as of the time that the compact with the United States was agreed upon and adopted by New Hampshire and 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 and protect life and property and that these rights would not be superseded by the powers granted 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, includes this state that 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, effective June 2, 1784, 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.
VI. Article 2-a of the New Hampshire Bill of Rights: The Bearing of Arms, effective December 1, 1982, provides that all persons have the right to keep and bear arms in defense of themselves, their families, their property and the state. 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. “Firearm” means any weapon, including a starter gun, which will, or is designed to, or may readily be converted to expel a projectile by the action of an explosive. “Firearm” shall include the frame or receiver of any such weapon, or any firearm muffler or firearm silencer.
II. “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.
III. “Generic and insignificant parts” includes but is not limited to springs, screws, nuts, and pins.
IV. “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 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 an act, order, law, statute, rule, or regulation of the government of the United States upon a 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 an act, order, law, statute, rule, or regulation of the government of the United States upon a 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, 2012.
3 Effective Date. This act shall take effect January 1, 2012.
LBAO
11-0078
12/27/10
HB 125-FN - FISCAL NOTE
AN ACT relative to lawful commerce in firearms, including manufacture and sale, in New Hampshire.
FISCAL IMPACT:
The Judicial Branch, the Department of Justice, the Judicial Council, the Department of Corrections and the New Hampshire Association of Counties state this bill may increase state and county expenditures by an indeterminable amount in FY 2012 and each year thereafter. There will be no fiscal impact on local expenditures or county and local revenue.
METHODOLOGY:
The Judicial Branch states this bill will add RSA chapter 159-E, which exempts firearms, firearm accessories, and ammunition manufactured in New Hampshire from federal law and regulation. Violations of the proposed legislation by a New Hampshire public servant would be punished as a class A misdemeanor while violations of the proposed legislation by an official, agent, or employee of the United States government would be punished as a class B felony. The Branch has no information to estimate how many new class A misdemeanors or class B felonies would be brought as a result of the proposed new chapter. The Judicial Branch does, however have information on the average cost of processing a class A misdemeanor in the district court or a routine criminal case (class B felony) in the superior court. The Branch states the average cost to the Branch of an average class A misdemeanor will be $60.03 in FY 2012 and $60.88 in FY 2013. The Branch states the average cost to the Branch of an average routine criminal case will be $394.13 in FY 2012 and $399.33 in FY 2013. However, the Branch notes the possibility of appeals increases the likelihood that the fiscal impact on the Branch will exceed $10,000
The Department of Justice states the Public Integrity Unit of the Department investigates and prosecutes criminal conduct undertaken by certain public officials in their official capacity. The proposed legislation would result in an indeterminable increase in the number of investigations undertaken by the Unit, the financial impact of which is also indeterminable.
The Judicial Council states this bill may result in an indeterminable increase in general fund expenditures. The Council states if an individual is found to be indigent, the flat fee of $275 per misdemeanor and $756 per felony is charged by a public defender or contract attorney. If an assigned counsel attorney is used the fee is $60 per hour with a cap of $1,400 for a misdemeanor charge and $4,100 for a felony charge. The Council also states additional costs could be incurred if an appeal is filed. The public defender, contract attorney and assigned counsel rates for Supreme Court appeals is $2,000 per case, with many assigned counsel attorneys seeking permission to exceed the fee cap. Requests to exceed the fee cap are seldom granted. Finally, expenditures would increase if services other than counsel are requested and approved by the court during the defense of a case or during an appeal.
The Department of Corrections states it is not able to determine the fiscal impact of this bill because it does not have sufficient detail to predict the number of individuals who would be subject to this legislation. The Department of Corrections states the average annual cost of incarcerating an individual in the general prison population for the fiscal year ending June 30, 2010 was $32,492. The cost to supervise an individual by the Department’s division of field services for the fiscal year ending June 30, 2010 was $659.
The New Hampshire Association of Counties states to the extent an individual is prosecuted, convicted, and sentenced to incarceration, the counties may have increased expenditures. The Association is unable to determine the number of individuals who might be detained, prosecuted or incarcerated as a result of this bill. The average annual cost to incarcerate an individual in a county correctional facility is approximately $35,000.