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In 2003, the NH Legislature took up a bill  (HB415) in the Criminal Justice Committee that would require a speedy trial in minors involved in a sexual assault case. A non-germane amendment was added in their Executive Committee saying that cities and town had zero rights when limiting the places where guns were allowed.

They used this arguement to support it legally.

“This, I believe, is also true in our NH Constitution. As a way of reaffirming this, I quote from Volume 14 of the Practice of Local Government Law; by Peter Loughlin, in particular, section 892: Authority to Enact Ordinances. It states in part …. “municipalities in the State of New Hampshire have only such power as is delegated to them by the legislature”. And in the same volume, section 905: entitled Constitutionality here I quote also,” The fact that the ordinance may have some public benefit is not enough under the State Constitution to give it validity. In addition, it must not impair or destroy private rights guaranteed by the Constitution.”

Here is the original document for HB415 http://gencourt.state.nh.us/SofS_Archives/2003/house/HB415H.pdf

Nowhere in the NH Constitution does it say that every person has the right to have any gun everywhere they are allowed to go. it says: [Art.] 2-a. [The Bearing of Arms.] All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state. – December 1, 1982
(Added in 1982 Shortly after the NRA became a political organization for the arms industry)

 

This year there was an attempt to remove this stain on our books, and amendment to SB357.

N.H. Attorney General: School Gun Bans Unlawful