Senate Bill 44 - The Beginning of the End

Alright, maybe it isn't the beginning of the end, but there is nothing good about this piece of legislation.

Senate Bill 44, to be heard on March 15th at 9 AM in room 103 of the State House, aims to change a few different things regarding New Hampshire's concealed carry laws for pistols and revolvers.

It first adds a little clause that states an issuing authority may deny a person a license if "the official reasonably believes [them] to be a member of a terrorist or criminal organization, as shown by sworn affidavit by such official or other law enforcement official or any other reliable person." Who determines criteria for a terrorist or criminal organization? Well, to the best of my knowledge, the government can label any group a terrorist or criminal organization. Gun Owners of New Hampshire could be considered a criminal organization for advocating gun rights.

That single clause moves New Hampshire from a shall-issue state to a may-issue state. Currently, the issuing authority can only deny a license to a person that is not allowed to own firearms under state or federal law, essentially only convicted felons and domestic abusers. SB 44 opens the licensing process up to the sometimes misguided whims of local police officers. A personal vendetta or even a lack of belief in gun rights could lead the issuing authority to deny a license to an otherwise able person.

Under current law there is a pretty good accountability system if the issuing authority abuses their power and does not issue a license when they should have. A person can sue the issuing officer and the entity they are associated with. So the police chief is more likely to behave himself if he knows that he is personally liable. The officer would be held accountable for his actions and could be forced to pay the attorney's fees of the disgruntled party. The burden of proof for denying a concealed carry license is on the issuing authority, and they can be forced to pay attorney's fees if they knowingly broke the law.

Now to the part they changed with this bill. The sponsors first strike the reference to officers being personally liable. They then up the ante on when attorney's fees can be awarded: from a knowing violation to gross negligence or malice. Much of the accountability is removed from the government. Let me quote a section of Article 8 of the New Hampshire Constitution: "Government, therefore, should be open, accessible, accountable and responsive."

I don't think they could have conceived a more horrible bill (save banning guns outright). If passed, abuse of authority would be much easier. We need to protect Article 2-a of the New Hampshire Constitution: " All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state." One of the best ways to properly defend yourself with firearms is through concealed carry of a handgun.

Please contact your Representatives and Senators and tell them NO on SB 44!

In Libertate,
Tyler