Democrat Bill Would Ban Open Carry In New Hampshire

UPDATE: This bill has been killed by the House

Legislation introduced by eight Democrats in the New Hampshire House seems at first glance to be a reasonable solution to a particular form of tragedy. Last year, Kyle Rittenhouse shot three attackers in self-defense with his AR-15 at a BLM riot in Kenosha, Wisconsin, killing two of the attackers and wounding the third. Since the polarizing incident, some concerned citizens have begun to wonder why a person was allowed to carry a firearm at a protest in the first place. Some have even gone so far as claiming that he ‘was asking for it’, and violence came his way as a result of his own actions. This legislation will surely be justified by its sponsors as a solution to this issue. It’s simple; prohibit citizens from openly carrying deadly weapons at high-intensity protests. 

But what if it isn’t that simple?

House Bill 1151 says that “…No person shall openly carry or display a loaded or unloaded pistol, revolver, firearm, or other deadly weapon whether licensed or unlicensed, while participating in, affiliated with, or present as a spectator at any parade, funeral procession, picket line, march, rally, vigil, or demonstration or other event organized or held for political, religious, or other First Amendment related purpose…”

The legislators who wrote this bill use a few common tactics here. They list a few things, and then add “…or other event…” to make sure that it could be applied to any event that is ever held. The bill also prevents the display of any other deadly weapon, which could easily include nearly any item in existence, according to case law. 

The bill goes on to prohibit any person who is within 100 feet of any event (even if they are in their vehicle driving to work) from having a firearm visible. 

As they nearly always do, the government officials who wrote this bill made sure that government officials were exempt from the new law. 

The bill will have its first public hearing in the House Criminal Justice & Public Safety Committee soon. 

The members of the committee could be emailed by sending an email to HouseCriminalJusticeandPublicSafety@leg.state.nh.us

The full text of the bill is below:

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Revision: Nov. 17, 2021, 10:07 a.m.

HB 1151-FN – AS INTRODUCED

HOUSE BILL 1151-FN

AN ACT prohibiting the display of a deadly weapon at a parade, funeral procession, picket line, march, rally, vigil, or demonstration.

SPONSORS: Rep. Meuse, Rock. 29; Rep. Berch, Ches. 1; Rep. Horrigan, Straf. 6; Rep. DiLorenzo, Rock. 17; Rep. R. Newman, Hills. 29; Rep. Altschiller, Rock. 19; Rep. Weston, Graf. 8; Rep. Klein-Knight, Hills. 11

COMMITTEE: Criminal Justice and Public Safety

—————————————————————–

ANALYSIS

This bill prohibits the open carry or display of a firearm at a parade funeral procession, picket line, march, rally, vigil, demonstration, or other similar event.

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2431

04/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT prohibiting the display of a deadly weapon at a parade, funeral procession, picket line, march, rally, vigil, or demonstration.

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

1  New Subdivision; Open Carry or Display of a Firearm Prohibited.  Amend RSA 159 by inserting after section 26 the following new subdivision:

Open Carry or Display of a Firearm Prohibited

159:27 Definitions.  In this subdivision:

I.  “Public property” includes, but is not limited to areas owned or operated under the control of the state and any of its political subdivisions including public ways, sidewalks, driveways, parking lots, parks, walkways, recreational fields, greenways, plazas, rights-of-way, and other public grounds.

II.  “Spectator” means any person engaged in a counter-protest or observing the parade, procession, picket line, rally, march or demonstration who is within 100 feet of participants.

159:28  Open Carry or Display of Deadly Weapons Prohibited at Parades, Funeral Processions, Picket Lines, Lawful Marches, and Demonstrations.

I.  No person shall openly carry or display a loaded or unloaded pistol, revolver, firearm, or other deadly weapon as defined in RSA 625:11, V, whether licensed or unlicensed, while participating in, affiliated with, or present as a spectator at any parade, funeral procession, picket line, march, rally, vigil, or demonstration or other event organized or held for political, religious, or other First Amendment related purpose taking place upon any public property owned or under the control of the state or any of its political subdivisions.

II.  No person, spectator, or counter-protest participant shall openly carry or display a firearm or other deadly weapon as defined in RSA 625:11, V within 100 feet of any event mentioned in paragraph I.

III  This section shall apply regardless of whether or not a permit has been secured by event organizers.

IV.  This section shall also apply to persons in private vehicles who are parked or traveling on public property within 100 feet of the closest event participant.

V.  Nothing in this section shall be construed to preclude or limit a prosecution or conviction for a violation of any other provision of law governing the actions of participants or spectators.

159:29  Penalty.  Any person who violates any provision of this subdivision shall be guilty of a violation for the first offense and fined $100.  Any person who violates any provision of this subdivision after being found guilty of a first offense shall be guilty of a misdemeanor for each subsequent offense.  

159:30  Exceptions.  

I.  There shall be a presumption that no rifle or gun carried on a rack in a pickup truck violates the provisions of this subdivision.

II.  This subdivision shall not apply to federal law enforcement officers, sheriffs, police officers, or other duly appointed peace and other law enforcement officers when on duty; nor to the regular and ordinary transportation of pistols or revolvers as merchandise; nor to members of the armed services of the United States when on duty; nor to the national guard when on duty; nor to duly authorized military, police, or civil organizations when parading or serving in honor guards at funerals.

III.  This subdivision shall not apply to spectators or protesters legally carrying concealed firearms or other deadly weapons.

IV.  This subdivision shall not apply to free speech actions listed in this subdivision where the primary purpose of the action is to peacefully advocate for Second Amendment rights.  However, this exception shall not apply to planned or impromptu counter-protests, counter-rallies, counter-marches, or counter-demonstrations conducted in response to another group expressing its First Amendment rights at the same time and location.

159:31  Rights Preserved.  Nothing in this subdivision shall be construed to reduce or limit a person who is not prohibited from owning a firearm under RSA 159 from carrying a concealed firearm at or in the vicinity of an event listed in RSA 159:28, I.  Nothing in this subdivision shall be construed to reduce or limit a person from engaging in lawful self-defense or defense of property as specified in RSA 627.

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