The people of the Protect New Hampshire Project hereby propose the following amendment to a bill currently proposed to the New Hampshire Legislator as Senate Bill 154, which we fully support.

S.B. 154 would amend the following existing law known as Chapter 159 – Pistols and Revolvers.

We propose to make S.B. 154 even stronger with the following language:

An AMENDMENT TO SB 154

CHAPTER 159
PISTOLS AND REVOLVERS

Section 159-E

Amend by adding the following sections and language:

3. Restrictions or Regulations that infringe on the people’s right to keep and bear arms.

 (a) Infringements. The following federal acts, laws, executive, orders, administrative orders, court orders, rules and regulations shall be considered infringements on the people’s right to keep and bear arms, as guaranteed by the Second Amendment to the United States Constitution and Article 2, Section 2-a (The Bearing of Arms) of the New Hampshire State Constitution – Bill of Rights, within this state including, but not limited to:

1. Any tax, levy, fee or stamp imposed on firearms, firearms accessories or ammunition, not common to all other goods and services, which might reasonably be expected to create a chilling effect on the purchase or ownership of those items by law abiding citizens;

2. Any registering or tracking of firearms, firearms accessories or ammunition which might reasonably be expected to create a chilling effect on the purchase or ownership of those items by law-abiding citizens;

3. Any act forbidding or limiting the possession, ownership or use or transfer of a firearm, firearm accessories including but not limited to firearm magazines, sights, suppressors, or attachment thereto or ammunition, and ammunition-making equipment currently available asof the time of this filing, or as may come to be available in the future, by law-abiding citizens; and

4. All Federal acts, laws, executive orders, administrative orders, court orders, rules and regulations, regardless if enacted before or after the provisions of this article, which infringe on the people’s right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and Article 2, Section 2-a (The Bearing of Arms) of the New Hampshire State Constitution – Bill of Rights shall be invalid in this state, shall not be recognized by this state, shall be specifically rejected by this state and shall be considered null and void and of no effect in this state.

4.. Duties of courts and law enforcement agencies.

  • It shall be the duty of the courts and law enforcement agencies of this State to protect the rights of law-abiding citizens to keep and bear arms (and accessories, supra III. A. 3.) within the borders of New Hampshire and to protect these rights from the infringements described under subsection (a) of this section.
  • On application from any Federal or State Official, Agent, Employee or Deputy claiming a right, duty or public safety necessity under the color of Federal Law a District Court Judge can, if the Judge believes that there is both immediate and imminent danger of harm to the life and limb of Citizens of and visitors to New Hampshire, authorize the applying Federal or State Law Enforcement Agency to take actions that would otherwise be prohibited under this statute.   In such cases, only the minimum action necessary shall be authorized.

5. Prohibitions; liability for violation; attorney’s fees.

(a)  Notwithstanding any authority given by a Court Order pursuant to Section IV. (b) above, no person, including any Police or other Law Enforcement person and or any other Constitutional official, Elected official, Public Employee, or Public official servant as defined in NH RSA Title 1 Chapter 15-B:2, shall have the authority to enforce or attempt to enforce any Federal Act, Law, Executive Order, Administrative Order, Court Order, Rule, Regulation, Statute, Ordinance, Guideline, or Interpretation of the aforementioned, which infringes on the right to keep and bear arms ensured by the Second      Amendment to the United States Constitution and Article 2, Section 2-a (The Bearing of Arms) of the New Hampshire State Constitution – Bill of Rights.

(b) Any person who knowingly violates the provisions of subsection (a) of this section or otherwise knowingly deprives a law-abiding citizen of the rights or privileges ensured by the Second Amendment to the United States constitution and Article 2, Section 2-a (The Bearing of Arms) of the New Hampshire State Constitution – Bill of Rights, while acting under the color of any State or Federal Law, shall be liable to the injured party in an action at law, suit in equity or other proper proceeding for redress.

(c) In any action under subsection (b) of this section, the court may award the prevailing party, other than the State of New Hampshire or any political subdivision of the State, costs and expenses, including reasonable attorney’s fees. 

6.  Offenses; ineligibility for employment; declaratory judgement.

(a) Any person while acting as an official, agent, employee or deputy of the Federal Government, or while otherwise acting under the color of Federal Law within the borders of New Hampshire shall be permanently ineligible for employment as a police or law enforcement officer or to supervise police and law enforcement officers for the State or any political subdivision of the State, if the person knowingly:

1. Enforces or attempts to enforce any of the infringements described in NH RSA TITLE XII, Chapter 159 Section 159:26 III; or

2.  Gives material aid and support to the efforts of others who enforce or attempt to enforce any of the infringements described in NH RSA TITLE XII, Chapter 159 Section 159:26 III.

(b) Neither the State nor any political subdivision of the State shall employ nor subcontract as a police or law enforcement officer or supervisor of police or law enforcement officers, of any type, any person who is ineligible for employment under subsection (a) of this section.

(c) Any person residing in or conducting business in the State who reasonably believes that a police or law enforcement officer or supervisor of police or law enforcement officers has taken action as a Federal Official, Agent, Employee or Deputy or under the color of Federal Law under subsection (a) of this section that would render that person ineligible for employment shall have standing to pursue an action for damages in the district court of the county where the action allegedly occurred or in the district court of the county of employment of that police or law enforcement officer or supervisor of police or law enforcement officers.

(d) If a court determines that a police or law enforcement officer or supervisor of police or law enforcement officers has taken any action as a Federal Official, Agent, Employee or Deputy or under the color of Federal Law that would render that individual ineligible for employment under subsection (a) of this section:

1. The police or law enforcement officer or supervisor of police or law enforcement officers shall immediately be terminated from their position; and

2. The state or political subdivision that employed the ineligible police or law enforcement officer or supervisor of police or law enforcement officers shall be required to pay the costs and expenses, including reasonable attorney’s fees, associated with the judicial action that resulted in the finding of ineligibility.

(e) Nothing in this section shall preclude a person’s right of appeal under the laws of this state.