New Hampshire Bill Would End State Enforcement of Most Federal Gun Control

BY Herschel Smith
12 months ago

Tenth Amendment Center.

CONCORD, N.H. (Dec. 6, 2021) – A bill prefiled in the New Hampshire House for the 2022 legislative session would ban state and local enforcement of most federal gun control; past, present and future.  The enactment into law would represent an important first step toward bringing those measures to an end within the state.

A coalition of Republicans filed House Bill 1178 (HB1178). The legislation would ban the state and its political subdivisions, or any person acting under the color of state, county, or municipal law from using any personnel or financial resources to enforce, administer, or cooperate with any law, act, rule, order, or regulation of the United States Government or Executive Order of the President of the United States that is inconsistent with any New Hampshire law regarding the regulation of firearms, ammunition, magazines or the ammunition feeding devices, firearm components, firearms supplies, or knives.

The proposed law further stipulates that “silence in the New Hampshire Revised Statutes Annotated pertaining to a matter regulated by federal law shall be construed as an inconsistency for the purposes of this chapter.”

While passage into law wouldn’t end all gun control in New Hampshire today, it would represent a  massive shift in strategy going forward.  Once in effect, HB1178 would immediately do the following:

  1. Ban state and local enforcement of any federal gun control measures on the books that don’t have concurrent measures in law in the state of New Hampshire.
  2. Ban state and local enforcement of any new gun control measures that might come from Washington D.C. in the future that aren’t on the books in New Hampshire.
  3. Shift the focus and attention to any remaining gun control measures on the books in state law
  4. Encourage gun rights activists to work in future legislative sessions to repeal those state-level gun control measures as a follow-up.

Each state-level gun control repeal would then represent a one-two punch, not only ending state enforcement but automatically ending support for any concurrent federal gun control measure as soon as the state law repeal went into effect.

You see, this is why the FedGov was so desperate to kill the similarly intended Missouri bill, and then attempted to destroy it after passage by pulling stupid stunts like raiding innocent men and taking their livelihoods (an FFL), and then going to the press about it along with a sycophant Sheriff who whimpered and cried like a little girl about not being in the boy’s club any more.  What he should have done is arrest the agents of the FedGov who perpetrated the illegal act and throw them in jail (and dare them to come in his jurisdiction again).

The FedGov relies on local yocals to do their bidding – local yocals want to be in the big boy’s club, after all.  If they can’t rely on that, their power base is gone.

This is yet another chance to undermine the attacks on the 2A by the ATF.  Maybe this will become a pattern.


Comments

  1. On December 10, 2021 at 5:54 pm, Sisu said:

    On the surface it appears to be in the “rightful” direction of “state’s rights” and “federalism”.

    However, without having undertaken some research, I currently wonder whether it may lead to unintended consequences. Beyond “gun laws” there is the 14th Amendment, which perhaps neither properly ratified nor interpreted by SCOTUS, does in many ways benefit citizens in regards to state government overreach and “equal protection” (I know – in a perfect world, and certainly not today’s climate of illegitimate overreach).

    That said, perhaps over the longer term, NH and MO laws might build momentum to an appropriate repeal and revision of the 14th. (No, I do not believe a “constitutional convention of states” would yield a beneficial outcome. Too great a risk of loosing control, and fraud by “sellouts”.)

    And, for the record I do not (though acknowledge it will come) look to advance the day when the “union” fragments. … All in nature fragments; it is just a matter of time.

  2. On December 10, 2021 at 7:02 pm, bob sykes said:

    There is a long-standing legal principal that federal law and regulations preempt state and local law and regulations. The NH law is null and void.

  3. On December 10, 2021 at 9:35 pm, D said:

    Cool, I guess, but NH is remains one of the most vile, child abusing and family destroying states in the US. The NH family law system is abhorrent, and the legislative family law committee literally shelve bills which would improve life here. Ive found 99% of ALL of NHs legislature, are criminals to one degree or another, its nuts. Also, we have a committee who chooses judges, confirmed by governor, and they are 99% evil sociopaths, you have to see it to believe it. The unfortunate truth is that representative gov, such as we know it, does not work.
    These BS bills, always introduced by lowly house of reps, are worthless and are immediately spun to reflect “secession” and “rasssssssism”. Live fee then die NH.

  4. On December 10, 2021 at 10:18 pm, Herschel Smith said:

    @bob,

    I don’t agree. So far it’s prevented the Missouri LEOs from cooperating with the FedGov. It all depends on the stomach to make it happen within the state.

  5. On December 11, 2021 at 9:35 am, Bill Buppert said:

    The family courts in the USSA are uniformly anti-man.

    Greg Ellis’ recent book on his travails in the system are very revealing.

    “The Respondent: Exposing the Cartel of Family Law”

    A quote from Greg Ellis:

    “The Divorce Courts and the parasitic lawyers populating them, have unleashed a crisis of fatherhood in America. Today 1 in 3 children live without their biological father in the home, with 40 percent having not seen their dad for more than a year. A million marriages a year end in these courts, with children caught in the cross hairs. The gender-biased, $60 billion-a-year American Divorce Machine is more focused on keeping money flowing than on the best interests of our children. It’s an organized syndicate that pits one parent against the other, rewards toxic abuse, and destroys families in plain sight.

    4000 children a day lose a parent in America’s family law courts. 85% of the time the child loses the father. 250,000 children are placed into the foster care system every year. Each child placed in foster care is worth $6000 to the State. This generates $1.5 billion-a-year for selling kids into foster homes.

    The U.S. family law industry is a $60 billion dollar-a-year money machine. Globally, the family law industrial complex generates nearly $1 trillion annually.

    Our children, the future of our world, by far pay the highest price.

    Today, an estimated one in three American kids live without their biological father in the home. These children are at a greater risk of having more difficult lives according to just about every measurable metric. For example: they are more likely to misuse drugs, experience abuse, or go to prison, they are twice as likely to drop out of high school and live in poverty, and they are seven times more likely to become pregnant as a teen. The story isn’t much better for the parents of divorce, and the effect on fathers is the most dramatic.

    Today in family law, tools built as shields for women are too easily fashioned into (silver) bullets that are literally killing men. Take false allegations of domestic violence for instance. Over 80% of domestic abuse allegations resulting in a TRO – temporary restraining order – or EPO – emergency protection order, are not sustained once the case moves to a permanency, or evidentiary, hearing. This shows that the majority of domestic violence allegations are false or unprovable. Yet there is no mechanism to hold those who make false allegation accountable. Worst still, they are rewarded when presented in divorce court.”

    https://www.frontpagemag.com/fpm/2021/09/respondent-exposing-cartel-family-law-jason-d-hill/

  6. On December 11, 2021 at 11:34 am, Jsf said:

    “There is a long-standing legal principal that federal law and regulations preempt state and local law and regulations. The NH law is null and void.”

    You really should read the Constitution again. All laws made contrary to the word and spirit of this document are null and void. Just because the feral gubermit penned faux laws restricting the 2nd Amendment does not prevent a sovereign state for tossing up the Bullshit flag against the feral government (doj, supreme court jesters).

    BTW, the state of Oklahoma has also passed state laws defending the 2nd amendment against feral incursions.

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