(The Center Square) — New Hampshire’s top law enforcement official has come out against a Republican proposal aimed at protecting gun owners, warning that it actually could endanger Second Amendment rights.
In a letter to state lawmakers, Attorney General John Formella called on them to reject the latest version of Senate Bill 609, which would prevent state agencies or local governments from enacting their own rules on the possession of guns and other regulated weapons.
He said the bill, which is expected to be taken up by the state Legislature before the end of its session this week, contains too much red tape that could ultimately create a host of legal and constitutional issues for the state and local governments.
“This bill would create a regulatory cliff that raises massive risk for the Second Amendment rights of New Hampshire citizens and legal uncertainty for the public safety operations of State law enforcement agencies,” Formella, a Republican, wrote in the three-page letter.
Among his concerns, Formella said the bill would result in an “incredible surge” of rulemaking that could ultimately include many changes that are unfavorable for the state’s gun owners. He said the bill would create “legal uncertainty” for law enforcement agencies and public safety efforts.
New Hampshire has some of the most permissive gun rules in the nation but also boasts one of the lowest gun death rates. The state allows people to carry guns openly or concealed, and there is no requirement to get a firearm license. People and businesses can generally set their own gun rules on their private property.
But Republicans who hammered out a final version of the bill in committee meetings over the past several months argued that the state preemption of local firearm laws is needed to prevent local governments from setting their own restrictions.
The proposal would give the state complete authority over firearm regulations — including “the sale, purchase, possession and use of firearms, stun guns, tasers, pepper spray devices, knives or other self-defense tools.” It would ban cities and towns — as well as state agencies — from restricting these weapons contrary to state laws. Gun owners who believe their rights were violated would be authorized to sue for damages up to $1,000, under the bill.
Formella, who pointed out that he is a “strong Second Amendment supporter,” but said the changes would pose a “massive risk for the Second Amendment rights of New Hampshire citizens.” He noted that the New Hampshire Association of Chiefs of Police also opposes the bill.
“Unfortunately, despite good intentions, I believe that this bill would lead to multiple unintended consequences that have dire implications for public safety and the rights of gun owners in this state,” he wrote.
