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NH allows guns in schools, bill aims to change this

RidleyReport

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May 14, 2008
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New Hampshire has no law forbidding non-pupils from carrying firearms on school grounds. Perhaps in part because of this, there has not yet been a major school shooting in New Hampshire. I can't even name a minor one.

A new bill aims to change the legal framework somewhat, though I'm not sure it would create a situation where guns could become outright illegal on school grounds. As the summary from Legislative Services puts it:

"This bill allows a school district, school administrative unit, or chartered public school to adopt and enforce a policy regulating firearms, firearms components, ammunition, firearms supplies, or knives within its jurisdiction."

Bill text: https://legiscan.com/NH/text/HB101/id/1833256

One worrisome question would be this: Just how big is a school district's "juristiction?" Could schools create a situation where they are forbidding guns in a wider area than expected? And what exactly would "enforce' mean?

Between now and roughly late Feb. 2019, if you live here you can take action to oppose this bill which would endanger children, details on some of your options are below.

According to the link above, the public hearing is slated for 02/13/2019 09:00 am
After that it is still possible to weigh in before the vote occurs (probably around late Feb.) This link lets you email the committee members: http://www.gencourtmobile.com/2019/hb101
 

OC for ME

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White Oak Plantation
End run around our 2A. If liberal legislators do not have the fortitude to state their real intent then getting the school districts to do the liberal's bidding will also work. I suspect that any policies will be enforced by a cop as if that policy were black letter law. Incrementalism.

Good luck NH.
 

solus

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Aug 22, 2013
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here nc
To answer your question, you must first define ‘school’ ~ private, charter, religious, or public, higher educational, etc.

Second, whom in the ‘school’ hierarchy decides this point? Local Principal? Local Bd of Ed? State Ed super?
Oh wait religious/private educational institutions do not have Bd of Ed per se nor fall under auspices of State Ed super! Oh dear!

Finally, if school facilities are dual purposed, educational during ‘school hours’ and then used for religious activities on the evenings/weekends does this affect citizens SD carry during their attendance during religious periods?

OCforME’s analysis is spot on...
 

JTHunter2

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Jul 11, 2017
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Planet Earth
Anybody care to bet on how long it takes before NH has their first school "mass" shooting if they pass this law?
It seems as if they are planning on taking a step backwards when it comes to Constitutional Rights. As hard-nosed and independent many in that part of the country can be, this legislation is rather surprising.
 

eye95

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Jan 6, 2010
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Location
Fairborn, Ohio, USA
Anybody care to bet on how long it takes before NH has their first school "mass" shooting if they pass this law?
It seems as if they are planning on taking a step backwards when it comes to Constitutional Rights. As hard-nosed and independent many in that part of the country can be, this legislation is rather surprising.
A loooong time. School shootings are quite rare—even in places that ban guns in schools.

However, in support of your point, though still rare, school shootings are infinitely more prevalent in States that bar carry in schools.
 

since9

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Jan 14, 2010
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Colorado Springs, Colorado, USA
One worrisome question would be this: Just how big is a school district's "juristiction?"
School grounds, and commensurate with federal law, within 1,000 feet of those borders.

Could schools create a situation where they are forbidding guns in a wider area than expected?
Not lawfully.

And what exactly would "enforce' mean?
Calling law enforcement. Schools aren't allowed to enforce anything off their grounds.
 

KBCraig

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Aug 7, 2007
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Granite State of Mind
Tell you what, KBCraig: Why don't you read them and tell us what you find. :)
As a New Hampshire legislator, I have read the bills.

I'll tell you what I didn't find: anything about "commensurate with federal law, within 1,000 feet of those borders."

If you doubt it, here's the entire text of HB101:


AN ACT relative to regulating possession of firearms in a school district.



Be it Enacted by the Senate and House of Representatives in General Court convened:



1 New Paragraph; Pistols and Revolvers; Authority of the State. Amend RSA 159:26 by inserting after paragraph II the following new paragraph:

III. This section shall not apply to any policy regulating the use, possession, or transportation of firearms, firearms components, ammunition, firearms supplies, or knives adopted by any school district, school administrative unit, or chartered public school in this state.

2 Effective Date. This act shall take effect 60 days after its passage.
 

Ghost1958

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Nov 5, 2015
Messages
246
Location
Kentucky
As a New Hampshire legislator, I have read the bills.

I'll tell you what I didn't find: anything about "commensurate with federal law, within 1,000 feet of those borders."

If you doubt it, here's the entire text of HB101:


AN ACT relative to regulating possession of firearms in a school district.



Be it Enacted by the Senate and House of Representatives in General Court convened:



1 New Paragraph; Pistols and Revolvers; Authority of the State. Amend RSA 159:26 by inserting after paragraph II the following new paragraph:

III. This section shall not apply to any policy regulating the use, possession, or transportation of firearms, firearms components, ammunition, firearms supplies, or knives adopted by any school district, school administrative unit, or chartered public school in this state.

2 Effective Date. This act shall take effect 60 days after its passage.
And you are for or against these bills ??
 

since9

Campaign Veteran
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Jan 14, 2010
Messages
6,816
Location
Colorado Springs, Colorado, USA
As a New Hampshire legislator, I have read the bills.

I'll tell you what I didn't find: anything about "commensurate with federal law, within 1,000 feet of those borders."
Bear with me and you'll quickly see the "1,000 feet" requirement, below:

Then perhaps it's your misunderstanding of the way the law works, Representative/Senator of New Hampshire. With all due respect to your position, the moment New Hampshire was admitted to the Union on June 21, 1788, it entered not a hierarchical relationship, but certainly a covenant relationship, one where both New Hampshire and the United States Federal government considered binding certain agreements.

One of those agreements was for New Hampshire to follow first and foremost the United States Constitution, a responsibility that comes with the privilege of ratifying or denying amendments via a 3/4 vote. That obligation is written in your own State Constitution, same as all 50 of these United States.

Commensurate with the previous obligation, the Constitution expressly empowers the federal government to legislate within certain guidelines and restrictions.

18 U.S.C. § 921(a)(25) is one such legislative act, as is 18 U.S.C. § 922(q).

The first defines "school zone" as (25)(A) in, or on the grounds of, a public, parochial or private school; or (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school."

Thankfully, 922(q) provides States i.e. legislators such as yourself with the lawful meas dovetail state legislation into this law in such a way as to minimize the impact on those of us who chose to exercise our Constitutional right to keep and bear arms.

In my state of Colorado, for example, as a concealed carry permit holder, I'm legally authorized to drive onto school grounds, place my firearm in the glovebox or other compartment, lock the vehicle, then proceed into the school.

I mention all of the above in the hopes you would craft similar legislation, preferably something that doesn't require your constituents to obtain a license merely to exercise their Constitutional rights! Unfortunately, 922(q)(2)(B)(ii) requires state licensing and imposes restrictions.

Perhaps such a creative person as yourself can impart a license to all permanent residents of New Hampshire except those who are otherwise prohibited by state law from possessing firearms...

I think that might do the trick. :)

If you doubt it, here's the entire text of HB101:

AN ACT relative to regulating possession of firearms in a school district.
Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraph; Pistols and Revolvers; Authority of the State. Amend RSA 159:26 by inserting after paragraph II the following new paragraph:

III. This section shall not apply to any policy regulating the use, possession, or transportation of firearms, firearms components, ammunition, firearms supplies, or knives adopted by any school district, school administrative unit, or chartered public school in this state.
2 Effective Date. This act shall take effect 60 days after its passage.
Hmm... Doesn't sound like we're on the same wavelength. What are you trying to accomplish?
 
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