HB 399, a Liberty Preservation Act, has been introduced by House Representative Dan Itse. The bill would nullify NDAA “indefinite detention” within the state.

Itse is no stranger to nullification, and in many ways has been one of the intellectual leaders of this movement growing in state houses around the country.

HB399 states, “The legislature finds that the enactment into law by the United States Congress of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012, Public Law Number 112-81, is inimical to the liberty, security, and well-being of the people of New Hampshire, and was adopted by the United States Congress in violation of the limits of federal power in United States Constitution.”

The bill also lists the peoples’ rights which are under attack with the 2012 NDAA from (a) Article I, Section 9, Clause 2’s right to seek writ of habeas corpus; (b) The First Amendment’s right to petition the government for a redress of grievances; (c) The Fourth Amendment’s right to be free from unreasonable searches and seizures; (d) The Fifth Amendment’s right to be free from charge for an infamous or capital crime until presentment or indictment by a grand jury; (e) The Fifth Amendment’s right to be free from deprivation of life, liberty, or property, without due process of law; (f) The Sixth Amendment’s right in criminal prosecutions to enjoy a speedy trial by an impartial jury in the state and district where the crime shall have been committed; (g) The Sixth Amendment’s right to be informed of the nature and cause of the accusation; (h) The Sixth Amendment’s right to confront witnesses; (i) The Sixth Amendment’s right to counsel; (j) The Eighth Amendment’s right to be free from excessive bail and fines, and cruel and unusual punishment; and (k) The Fourteenth Amendment’s right to be free from deprivation of life, liberty, or property, without due process of law.”

If passed, “The state of New Hampshire shall not provide material support or participate in any way with the implementation of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 within the boundaries of this state. The department of safety is hereby directed to report to the governor and the legislature any attempt by agencies or agents of the United States government to secure the implementation of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 through the operations of that or any other state department.”

The bill also provides for penalties for participating in indefinite detention,

“Any public officer, employee, or agent of the state of New Hampshire, or any employee of a corporation providing services to 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 in violation of paragraph I shall be guilty of a class A misdemeanor.”

On NDAA, and many other unconstitutional federal acts, states around the country are sounding the alarm as Federalist #46 said:

“…ambitious encroachments of the federal government, on the authority of the State governments, would not excite the opposition of a single State, or of a few States only. They would be signals of general alarm. Every government would espouse the common cause. A correspondence would be opened. Plans of resistance would be concerted. One spirit would animate and conduct the whole.”

The growing resistance to NDAA shows the spirit of liberty, and common cause around the country today.

HB399 has been sent to the State-Federal Relations and Veterans Affairs Committee


If you live anywhere outside of New Hampshire, please contact your own legislators regarding anti-NDAA legislation. If none has been introduced in your state, you can email them The Liberty Preservation Act model legislation.

Track the status of NDAA nullification in states around the country HERE


If you are a New Hampshire resident and would like to nullify the NDAA, please contact members of the State-Federal Relations and Veterans Affairs here and at this general email. Also, New Hampshire residents can also join the facebook page here.

Or contact the individual members of the committee below:

Representative Robert Theberge, District 03
Phone: (603)752-5672
Email: robert.theberge@leg.state.nh.us

Vice Chair:
Representative Cynthia Sweeney, District 08
Phone: (603)826-4666
Email: cynthia.sweeney@leg.state.nh.us

Representative Dale Spainhower, District 18
Phone: (603)750-4112
Email: dale.spainhower@leg.state.nh.us

Representative Patrick Garrity, District 14
phone not listed
Email: pgmff@comcast.net

Representative Linda Massimilla, District 01
Phone: (603)444-5270
Email: linda.massimilla@leg.state.nh.us

Representative Timothy Smith, District 17
Phone: (603)657-0324
Email: tim.smith@leg.state.nh.us

Representative Lars Christiansen, District 37
Phone: (603)889-0481
Email: lars@taybre.net

Representative Jeanine Notter, District 21
Phone: (603)423-0408
Email: jeanine.notter@leg.state.nh.us

Representative Eric Palangas, District 43
Phone: (603)622-4638
Email not listed

Representative David McCloskey, District 16
Phone: (603)626-7692
Email: david.mccloskey@leg.state.nh.us

Representative Alfred Baldasaro, District 05
Phone: (603)425-6997
Email: al.baldasaro@leg.state.nh.us

Representative Todd Smith, District 24
Phone: (603)485-2174
Email: yourfamilysfuture@comcast.net

Representative Leon Rideout, District 07
Phone: (603)684-1102
Email: rideout4rep@gmail.com

Representative Lorrie Carey, District 26
Phone: (603)796-2272
Email: lorrie.carey@leg.state.nh.us

Representative H. Robert Menear, District 25
Phone: (603)397-5267
Email: robert.menear@leg.state.nh.us

Representative Anne Priestley, District 08
Phone: (603)893-1214
Email not listed

Representative David Lundgren, District 05
Phone: (603)432-3499
Email: qtipnh@aol.com

Representative Skip Rollins, District 06
Phone: (603)863-6340
Email not listed

Kelli Sladick

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