Introduced to committee on January 18, 2011.

Acting under the authority of the 9th, 10th, and 2nd amendments to the Constitution for the United States; and the authority of articles 2, 2-a, and 7 of the New Hampshire Bill of Rights.

Articles 2 and 7 of the New Hampshire bill of rights were established in 1784 before the Constitution for the United States was ratified; guaranteeing that New Hampshire citizens had the right to defend and protect life and property and that these rights would not be superseded by the powers granted to the Congress of the United States of America, such that when New Hampshire ratified the United States constitution these rights were clearly understood to exist in the State of New Hampshire.

Article 2 of the New Hampshire Bill of Rights, effective June 2, 1784; Natural Rights: All men have certain natural, essential, and inherent rights – among which are, the enjoying and defending life and liberty; acquiring, possessing, and protecting, property; and, in a word, of seeking and obtaining happiness. Equality of rights under the law shall not be denied or abridged by this state on account of race, creed, color, sex or national origin.

Article 7 of the New Hampshire Bill of Rights, effective June 2, 1784; State Sovereignty: The people of this state have the sole and exclusive right of governing themselves as a free, sovereign, and independent state; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America in congress assembled.

Article 2-a of the New Hampshire Bill of Rights, effective December 1, 1982; The Bearing of Arms: All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state.

Amendment II: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment IX: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The State of New Hampshire declares that a firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in New Hampshire and that remains within the state of New Hampshire is not subject to federal law or taxation, or federal regulation, including registration, under the authority of Congress to regulate interstate commerce.

A firearm manufactured or sold in New Hampshire under this chapter shall have the words “Made in New Hampshire” clearly stamped, inscribed, or otherwise marked on a central part of the firearm, such as the receiver or frame.

Any public servant of the state of New Hampshire that enforces or attempts to enforce an act, order, law, statute, rule, or regulation of the government of the United States upon a firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in New Hampshire and that remains within the state of New Hampshire shall be guilty of a class A misdemeanor.

Any official, agent, or employee of the government of the United States, or employee of a corporation providing services to the government of the United States that enforces or attempts to enforce an act, order, law, statute, rule, or regulation of the government of the United States upon a firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in New Hampshire and that remains within the state of New Hampshire shall be guilty of a class B felony.

This shall apply to firearms, firearms accessories, and ammunition that are manufactured, as defined in this chapter, and retained in New Hampshire after January 1, 2012.

You can read the text of HB 125 here.

cross-posted from the New Hampshire Tenth Amendment Center

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CLICK HERE to view the Tenth Amendment Center’s Firearms Freedom Act Legislative Tracking Page

CLICK HERE to view the Tenth Amendment Center’s printable Firearms Freedom Act Brochure (pdf)

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