HB 685-FN - AS INTRODUCED
2015 SESSION
15-0863
04/03
HOUSE BILL 685-FN
AN ACT prohibiting a state agency, state employee, or political subdivision from enforcing any federal law regarding a firearm, firearm accessory, or ammunition.
COMMITTEE: Criminal Justice and Public Safety
This bill prohibits a state agency, state employee, or political subdivision from enforcing any federal law regarding a firearm, firearm accessory, or ammunition.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15-0863
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT prohibiting a state agency, state employee, or political subdivision from enforcing any federal law regarding a firearm, firearm accessory, or ammunition.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Legislative Findings. The general court finds:
I. That the right to keep and bear arms is a fundamental individual right that shall not be infringed.
II. That it is the intent of the Legislature in enacting this act to protect New Hampshire employees, including law enforcement officers, from being directed, through federal executive orders, agency orders, statutes, laws, rules, or regulations adopted on or after the effective date of this act, to violate their oath of office and individual rights affirmed under the Second Amendment to the Constitution for the United States and the New Hampshire Constitution.
III. That pursuant to and in furtherance of the principles of federalism enshrined in the Constitution for the United States, the federal government may not commandeer this state’s officers, agents, or employees to participate in the enforcement or facilitation of any federal program not expressly required by the Constitution for the United States.
IV. That this right to be free from the commandeering hand of the federal government has been most notably recognized by the United States Supreme Court in Printz v. United States when the Court held: The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program.
V. That the anti-commandeering principles recognized by the United States Supreme Court in Printz v. United States are predicated upon the advice of James Madison, who in Federalist #46 advised “a refusal to cooperate with officers of the Union” in response to either unconstitutional federal measures or constitutional but unpopular federal measures.
2 New Subdivision; Pistols and Revolvers; Firearms Enforcement Prohibitions. Amend RSA 159 by inserting after section 26 the following new subdivision:
Firearms Prohibitions
159:27 Firearms; Enforcement Prohibitions.
I. Except as provided in paragraph II of this section, no state agency, political subdivision, or employee of a state agency or political subdivision acting in his or her official capacity shall:
(a) Knowingly participate in the enforcement of any federal act, law, order, rule, or regulation issued, enacted, or promulgated on or after the effective date of this section regarding a firearm, firearm accessory, or ammunition; or
(b) Utilize any assets, state funds, or funds allocated by the state to local entities on or after the effective date of this section, in whole or in part, to engage in any activity that aids a federal agency, federal agent, or corporation providing services to the federal government in the enforcement or any investigation pursuant to the enforcement of any federal act, law, order, rule, or regulation issued, enacted or promulgated on or after the effective date of this section regarding a firearm, firearm accessory, or ammunition.
II. This section shall not apply to a state agency, political subdivision, or employee of a state agency or political subdivision acting pursuant to a court order.
159:28 Penalties.
I. A state agent, state employee, or an employee of any political subdivision who knowingly violates the provisions of RSA 159:27 shall be fined not more than $3,000 for a first offense and shall be guilty of a class A misdemeanor for a second or subsequent offense. All fines imposed under this section shall be paid into the general fund.
II. No political subdivision shall receive state funds if the political subdivision adopts a rule, order, ordinance, or policy under which the political subdivision would violate the provisions of RSA 159:27. The prohibition on receipt of state funds shall apply to the fiscal year following the year in which a final judicial determination in an action brought under this section is made that the political subdivision has knowingly required actions which violate the provisions of RSA 159:27.
159:29 Severability. If any provision of this subdivision or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the subdivision which can be given effect without the invalid provision or application, and to this end the provisions of this subdivision are declared to be severable.
3 Effective Date. This act shall take effect January 1, 2016.
LBAO
15-0863
01/26/15
HB 685-FN - FISCAL NOTE
AN ACT prohibiting a state agency, state employee, or political subdivision from enforcing any federal law regarding a firearm, firearm accessory, or ammunition.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill, as introduced, as it is awaiting information from the Department of Justice, who was contacted on 12/22/14. When completed, the fiscal note will be forwarded to the House Clerk's Office.