Results 1 to 9 of 9

Thread: federal law does it interfere with any NH laws

  1. #1
    Regular Member
    Join Date
    May 2010
    Location
    , ,
    Posts
    92

    Post imported post

    does any of the federal gun laws counter any NH gun laws? i researched and all i found was alot of technical talk

  2. #2
    Regular Member Jay's Avatar
    Join Date
    Jul 2009
    Location
    Charlottesville, VA
    Posts
    307

    Post imported post

    john118242 wrote:
    does any of the federal gun laws counter any NH gun laws? i researched and all i found was alot of technical talk
    Federal law always trumps state and local laws. Are you looking for an answer to a specific question??
    "Experience is a wonderful thing. It enables you to recognize a mistake when you make it again"

  3. #3
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    1,605

    Post imported post

    No..., Federal Lawsdo not Preempt State Laws!

    Federal Laws only control, if and only if, the subject matter is: 1. InterState Commerce between several of the States,2. Foreign Commerce between The United States of America and any other Country,3. The United States Constitution specifically grants the Authority to Congress on the subject matter under Article 1 Section 8, 4.The Property is Federal Property, or 5. You are in, or, or within a The United States Capitol of Washington D.C./Federal Protecterates/Federal Terrotories.

    Therefore, New Hampshire Law controls whenever thereis a Conflict between Federal and State Law, as it pertains to New Hampshire, unless; The United States Federal Government can prove one of the exceptions listed above 1-5.

    Since this sitepertains to Firearm-related issues, and specifally Open Carry, I will explain the circumstances surronding the instance as it pertains to New Hampshire.

    New Hampshire can haveANY Firearm-related Law that New Hampshire wishes to have. If the Federal Government does not like it..., then, they have to prove one of the exceptions 1-5, as listed above,to override New Hampshires' Firearm Law.

    Here is an example..., although The ATF and The Brady Bunch would have you to believe otherwise:

    1. Federal Law 18 U.S.C. 922(q) says that one may not have a Firearm in, on, or within a 1000 feet of any School.

    2. Sounds great..., but, NewHampshire does not have to enforce it!

    3. The Federal Government can get mad at New Hampshire and take away New Hampshire's cut of the Public Safety Dollars from the Fiscal Federal Budget.

    4. If The United States insists on the enforcement of the above citied Law, then, they have to prove one of the 5 exceptions listed above, whereby givingThe Federal Governmental Authorities the Legal Jurisdiction to enforce the above citiedFederal Law.

    5. Simply put, an ATF Agent comes along and sees you with a Firearm within 1000 feet of a School, aViolation of FederalLaw. His best bet is to look at the Firearm to see where itis made in an attempt to get the evidence He needs to prove that the Firearm in question has crossed several State-lines. -OR- he hopes you happen to be on Federal Property or just brought it from Canada.

    You see...

    New Hampshire Lawoverrides Federal Law onEVERYTHING that The Constitution of The United States of America does not specifically grant to The United States Federal Government.

    One has to read Article 1 Section 8 to get the list of things that Congress ahs the power toControl..., but some of the big ones are: 1. Right ot create and maintain Post Offices and Postal Raods, 2. Right to create an Army and Navy, withcertain bi-annual Fiscal appropiational restricitons, 3. Right to make uniform the Laws of Naturalization and Immigration/Emmigration, 4. Right ot coin Money, except Gold and Silver Coinage that is reseerved to The States, 5. Rightto set Uniform Weights and Measures..., etc.

    Nowhere under Article 1 Section 8 does it say that Congress may Regulate Firearms, which is something thatOUR FOREFATHERS gave to the People as a Right. In fact, the phrase, '...the Right of People...', is only used in The United States Constitution six times, I believe, and everytime it guarentees your Rights.

    Rights, unlike privledges, can not be takenaway.

    P.S.: I trust that the upcoming United States Supreme Court Case Ruling will set precedent of amassive undertaking to restore the original intent of The Second Amendment. Wewill know the Official Ruling before the end of the Month, hopefully.

  4. #4
    Regular Member Thundar's Avatar
    Join Date
    Sep 2007
    Location
    Newport News, Virginia, USA
    Posts
    4,961

    Post imported post

    aadvark wrote:
    No..., Federal Lawsdo not Preempt State Laws!

    Federal Laws only control, if and only if, the subject matter is: 1. InterState Commerce between several of the States,2. Foreign Commerce between The United States of America and any other Country,3. The United States Constitution specifically grants the Authority to Congress on the subject matter under Article 1 Section 8, 4.The Property is Federal Property, or 5. You are in, or, or within a The United States Capitol of Washington D.C./Federal Protecterates/Federal Terrotories.

    Therefore, New Hampshire Law controls whenever thereis a Conflict between Federal and State Law, as it pertains to New Hampshire, unless; The United States Federal Government can prove one of the exceptions listed above 1-5.

    Since this sitepertains to Firearm-related issues, and specifally Open Carry, I will explain the circumstances surronding the instance as it pertains to New Hampshire.

    New Hampshire can haveANY Firearm-related Law that New Hampshire wishes to have. If the Federal Government does not like it..., then, they have to prove one of the exceptions 1-5, as listed above,to override New Hampshires' Firearm Law.

    Here is an example..., although The ATF and The Brady Bunch would have you to believe otherwise:

    1. Federal Law 18 U.S.C. 922(q) says that one may not have a Firearm in, on, or within a 1000 feet of any School.

    2. Sounds great..., but, NewHampshire does not have to enforce it!

    3. The Federal Government can get mad at New Hampshire and take away New Hampshire's cut of the Public Safety Dollars from the Fiscal Federal Budget.

    4. If The United States insists on the enforcement of the above citied Law, then, they have to prove one of the 5 exceptions listed above, whereby givingThe Federal Governmental Authorities the Legal Jurisdiction to enforce the above citiedFederal Law.

    5. Simply put, an ATF Agent comes along and sees you with a Firearm within 1000 feet of a School, aViolation of FederalLaw. His best bet is to look at the Firearm to see where itis made in an attempt to get the evidence He needs to prove that the Firearm in question has crossed several State-lines. -OR- he hopes you happen to be on Federal Property or just brought it from Canada.

    You see...

    New Hampshire Lawoverrides Federal Law onEVERYTHING that The Constitution of The United States of America does not specifically grant to The United States Federal Government.

    One has to read Article 1 Section 8 to get the list of things that Congress ahs the power toControl..., but some of the big ones are: 1. Right ot create and maintain Post Offices and Postal Raods, 2. Right to create an Army and Navy, withcertain bi-annual Fiscal appropiational restricitons, 3. Right to make uniform the Laws of Naturalization and Immigration/Emmigration, 4. Right ot coin Money, except Gold and Silver Coinage that is reseerved to The States, 5. Rightto set Uniform Weights and Measures..., etc.

    Nowhere under Article 1 Section 8 does it say that Congress may Regulate Firearms, which is something thatOUR FOREFATHERS gave to the People as a Right. In fact, the phrase, '...the Right of People...', is only used in The United States Constitution six times, I believe, and everytime it guarentees your Rights.

    Rights, unlike privledges, can not be takenaway.

    P.S.: I trust that the upcoming United States Supreme Court Case Ruling will set precedent of amassive undertaking to restore the original intent of The Second Amendment. Wewill know the Official Ruling before the end of the Month, hopefully.
    Federal gun control legislation is based upon the interstate commerce clause. This is why the antis try to enact state legislation to "Close the gun show loophole". The Feds cannot regulate intrastate commerce.

    This is why the intrastate commerce in firearms is so important. Firearms Freedom Acts enacted by the various states are a wonderful way to unravel the gun grabbers silly laws.

    NH has the best Firearms freedom Act btw. It actually criminalizes acts by federal agents that interfere with intrastate commerce of firearms.


    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

  5. #5
    Regular Member Jay's Avatar
    Join Date
    Jul 2009
    Location
    Charlottesville, VA
    Posts
    307

    Post imported post

    What I was referring to is


    Federal law sets the laws for

    "licensed " Gun Dealers, Post Office, federal buildings, brady bunch, schools other than that you are correct.


    State law can not supersede these laws

    "Experience is a wonderful thing. It enables you to recognize a mistake when you make it again"

  6. #6
    Regular Member
    Join Date
    May 2010
    Location
    , ,
    Posts
    92

    Post imported post

    Jay wrote:
    john118242 wrote:
    does any of the federal gun laws counter any NH gun laws? i researched and all i found was alot of technical talk
    Federal law always trumps state and local laws. Are you looking for an answer to a specific question??
    ya i did . i read under federal law something about the carrying age of a firearm is 14 or close to that and new hampshire doesint have a age limit. how do u go about that?

  7. #7
    Regular Member Thundar's Avatar
    Join Date
    Sep 2007
    Location
    Newport News, Virginia, USA
    Posts
    4,961

    Post imported post

    john118242 wrote:
    Jay wrote:
    john118242 wrote:
    does any of the federal gun laws counter any NH gun laws? i researched and all i found was alot of technical talk
    Federal law always trumps state and local laws. Are you looking for an answer to a specific question??
    ya i did . i read under federal law something about the carrying age of a firearm is 14 or close to that and new hampshire doesint have a age limit. how do u go about that?
    The federal law about being 18 to possess a handgun is, IMHO, clearly unconstitutional. That doesn't mean that the FEDs won't try to put you in the gulag if you allow your minor child to possess a handgun.

    Don't know of a Federal minimum age for posession of a rifle or shotgun, though the Feds have another, IMHO, unconstitutional law that says minors must have a not to possess shotguns and rifles.

    My youngest turned 18 so I havent't looked at those laws in a while. Do your own research.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

  8. #8
    Regular Member
    Join Date
    May 2010
    Location
    , ,
    Posts
    92

    Post imported post

    Thundar wrote:
    john118242 wrote:
    Jay wrote:
    john118242 wrote:
    does any of the federal gun laws counter any NH gun laws? i researched and all i found was alot of technical talk
    Federal law always trumps state and local laws. Are you looking for an answer to a specific question??
    ya i did . i read under federal law something about the carrying age of a firearm is 14 or close to that and new hampshire doesint have a age limit. how do u go about that?
    The federal law about being 18 to possess a handgun is, IMHO, clearly unconstitutional. That doesn't mean that the FEDs won't try to put you in the gulag if you allow your minor child to possess a handgun.

    Don't know of a Federal minimum age for posession of a rifle or shotgun, though the Feds have another, IMHO, unconstitutional law that says minors must have a not to possess shotguns and rifles.

    My youngest turned 18 so I havent't looked at those laws in a while. Do your own research.
    would the new Hampshire cops enforce federal laws like that? what does IMHO mean? and i do and did i found like a billion pages online but i couldint interpret it much

  9. #9
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    1,605

    Post imported post

    I was not tryng to be a jerk by going through my lengthy diatribe on New Hampshire Firearm Rigths, however; it is still, nonetheless, very important to me.

    I agree with, and understand fully, based on my own article, the Powers of The United States Federal Government when weighted against States Rights.

    I fully believe in the 10th Amendemnt to The United States Constitution.

    I wish my State, Georgia, would hurry up and enact a Firearm Freedom Law similiar to what New Hampshire already has.

    In the meantime, to the answer the question about the age to Carry:

    1. Federal Law does not apply when one of my 5 listed conditions are met (see my previous post on this thread), therefore;

    2. New Hampshire is free to decide what age it wants its Citizen Residents to be in order to Carry a Firearm. As I understand it, there is no age limit.

    Unlike what The Brady Bunch and The ATF would have you to believe to the contrary, Federalism is a real principle in our Republic.

    The Federal Government, as we all conclude, can not ursurp New Hampshires' discrestion on these, or any other issue.

    The Federal Government only gets mad and threatens to withhold Federal Tax Dollars, in much the same way they did when they mandated the National Drinking Age for Alcohol under TEA-21, to 21 years of age. Up until that time, States were free to set their own limits, but that was eroded away at the threat of lostFederal Highway Infrastructure Tax Dollars. Gun Laws passed by Federal Congress, are, thus, much the same thing.

    Fortunately, New Hampshire, and a few other States: Alasaka, Arizona, Utah, Wyoming, Idaho, Montana, South Dakota, Vermont, Tennessee, and Virginia, among hopefully others..., will soon put a stop to The ATF's and The Brady Bunch nonsensethat oozes out of Washington D.C.., takingit toFederalCourt, if nessecary.

    Cudos to New Hampshire to standing up to Federal Tyranny.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •