New Hampshire Rep. Lenette Peterson and five co-sponsors have introduced House Bill 1362 (HB1362) that would block all state enforcement of federal firearms laws.
The bill would prohibit state assistance in “enforcement of any federal law which bans certain firearms or limits firearm magazine size” and establishes a criminal penalty for such enforcement.
If passed, the bill would bar state agents from enforcing federal gun laws on firearms made and remaining within the state.
No public servant, as defined in RSA 640:2, II(a), selling any firearm in this state shall enforce or attempt to enforce any statute, rule, regulation, or order of the United States government relating to a personal firearm, firearm accessory, or ammunition that is owned or manufactured commercially or privately in this state and that remains exclusively within the borders of this state.
The legislation also includes misdemeanor charges for federal agents who attempt to a enforce “an act that is expressly allowed by New Hampshire law,” provides for state defense of citizens charged under federal gun laws relating to firearms remaining in the state and declares that “Any statute, rule, regulation, or order of the United States government created or effective on or after January 1, 2015 restricting the individual possession, sale, or purchase of ammunition of any kind shall be unenforceable within the borders of this state.”
The provision prohibiting state cooperation with enforcement of federal gun laws is the most significant aspect of this bill. While the criminal penalties create a lot of buzz, they are less likely to be successfully applied in practice. But noncooperation can effectively nullify federal gun laws. The federal government depends on the cooperation of state agents to do almost everything it does. By refusing to assist in enforcing unconstitutional federal gun laws, it will make them “nearly impossible to enforce” as Judge Napolitano has said.
HB1362 is currently in the Criminal Justice and Public Safety Committee awaiting a hearing.
In New Hampshire: Take steps to support 1362 HERE.
Other States: Contact your state legislators today – urge them to introduce similar legislation. Model bills and contact info HERE.
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