New Hampshire House panel OKs unlicensed carry bill

[Tim Nunan]

As more States consider this a Tennessee bill should become more viable.-Tim

http://www.unionleader.com/article.aspx ... dbde0ebe3e

CONCORD – New Hampshire may soon be rolling back gun control laws to allow anyone to carry a firearm without a concealed weapons permit.

The House Criminal Justice and Public Safety Committee voted 11-6 Wednesday to recommend HB 330 (click to view status and text) pass the House. In addition to eliminating concealed weapons permits, the bill removes restrictions related to transporting firearms in vehicles.

While the bill expands the right to carry a firearm, those changes will not trump other laws that ban weapons from public schools, restrict who may possess a weapon, or govern hunting, according to lawmakers.

Rep. Kenneth Kreis, R-Canterbury, who chaired the sub-committee that worked on the bill, said the law would allow someone to carry a weapon on a snowmobile for example, but that person could still be prosecuted for hunting out of season if he shot a deer.

“I don’t believe any of us want a 16-year-old carrying a concealed weapon,” he said.

Several Democrats on the committee were concerned eliminating the concealed weapon permit requirement could allow a person with mental illness to carry a concealed weapon.

"We're saying anybody over the age of 18 can carry a concealed weapon and go any place they want to go," said Rep. Laura Pantelakos, D-Portsmouth. "We're opening up the flood gates with this bill and heading into very, very dangerous waters."

The committee also voted 14-3 to hold HB 536 until next year. The bill would make it a natural right to carry a firearm without a permit, openly or concealed.

The committee did recommend HB 378 be approved by the House. The bill removes the mandatory jail sentence for committing a felony while armed. The mandatory sentence provision is what sent Ward Bird to jail.

Bird had his sentence commuted in February by the Executive Council. He was convicted of criminal threatening for brandishing a handgun in front of a woman when she came onto his Moultonborough property in 2006.

Advocates of Bird said he was wrongly convicted, which touched off a statewide debate over gun rights and protecting one's property.

The committee recommended the House kill HB 576, which several members called the "shoot to kill" bill. The bill was also intended to address Ward Bird's situation, but long-time committee member Rep. David Welch, R-Kingston, said it did more much than that.

"You could shoot someone for stealing your hubcaps," he said.

The Castle Doctrine
The committee also voted to recommend the House approve one of three bills that would expand the "Castle Doctrine," which allows people to defend themselves in their homes, to any public place."

Under current law, a person should first try to retreat from a threat before using deadly force. All three bills, HB 207, HB 210 and HB 567, would eliminate that requirement.

The committee recommended HB 210 be approved, while the other two should be killed.

HB 207 and HB 567 would have given criminal and civil immunity to any person who legally uses deadly force. And HB 567 would created the presumption that when a person uses deadly force to protect themselves, an attacker intended to cause harm.

Law enforcement opposed all three bills.

A similar bill passed the legislature in 2006, but was vetoed by Gov. John Lynch.

[macville]

I always love how anti-gun people are worried about the mentally ill and others carrying if a permitless carry bill passes. WHAT THE HECK IS STOPPING THOSE PEOPLE RIGHT NOW? If you are going to commit a crime, then obviously laws do not stop you. What amazes me is that either these people are so stupid they haven't thought that through, or they think WE are so stupid that we can't see through that.

[benburke]

Without any doubt, I'm for less restricted carry, however, I have a question: If Tennessee eventually adopts this legislation, what will that do to our right to carry outside Tennessee in states that honor our existing permit? If no handgun permit is required or issued to Tennessee residents, will we be restricted in other states?

[1gewehr]

This always gets brought up as a reason to oppose Constitutional Carry. In reality, it's a moot point. Some states have used a notation on the driver's license that the person is also permitted to carry a concealed weapon. Others have had a separate permit system for out-of-state carry. the best cure is to have a National CCW Reciprocity Act passed by congress. Maybe in 2013.

[benburke]

Thanks Gewehr. This is one reason I will never visit California or any other state that does not honor my 2nd Amendment rights. I often think that if I did go to California and got caught with my gun, I would have to say something like, "The day California secedes from the United States is the day you can deny me my 2nd Amendment rights, but until then, NO YOU CAN'T!"

[johnharris]

[redbarron06]

[1gewehr]

John, I had not considered the States' Rights aspect of a national reciprocity bill. But I still think that there is an argument to be made for states to respect the permits issued by other states under the 'full faith and credit clause in Article IV, Section 1 of the Constitution. A carry permit is certainly a public Act and Record. I know, in 'the real world' this has already been settled in the courts and a carry permit doesn't count.

[benburke]

John, please forgive my ignorance, and not withstanding the 10th Amendment, how can it be a state issue alone, when the US Constitution is law of the land over all the states, and the 2nd Amendment is a part of the US Constitution?

[johnharris]

[fl0at]

[johnharris]

[1gewehr]

[fl0at]