HB1285 is another one of those laws that exempts all firearms and firearms accessories
New Hampshire Makes to Outlaw Federal Agents?
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Imagine a state law that says that any federal agent that comes into said state and runs afoul of a new state law should be considered a felon! Well, that is what New Hampshire is about to do if HB1285 passes during the coming 2010 legislative session.
HB1285 is another one of those laws that exempts all firearms and firearms accessories that are made in a state from certain federal restrictions if they remain in that state. Several states have made attempts to implement these 10th Amendment laws and New Hampshire intends to be one of the next to do so.
Thus far Montana and Tennessee have passed their own firearms freedom acts and thirteen or so other states have introduced or are introducing laws that exempts local firearms industries and accessories as well as in-state firearms owners from overweening federal gun banning laws.
To be sure, these laws have not yet been challenged in a Supreme Court case and there is no doubt that they will be, but until that happens as each state passes its own firearms act exempting its in-state manufacturers and owners from federal laws we cannot help but expect an increasing amount of tension to build up between the states and the federal government as a result.
All that said there is an interesting aspect of the New Hampshire law that goes a step beyond that of other states, that being the aforementioned idea of making felons of federal agents that dare to try and implement federal firearms laws that conflict with the new state laws.
Here is section II. of the Penalty section of New Hampshire’s proposed new Lawful Commerce in Firearms law: (my emphasis)
II. Any official, agent, or employee of the government of the United States, or employee of a corporation providing services to the government of the United States that enforces or attempts to enforce a act, order, law, statute, rule or regulation of the government of the United States upon a personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in New Hampshire and that remains within the State of New Hampshire shall be guilty of a class B felony.
Interesting is it not? This law would make a felon of any federal agent that tries to implement a federal firearms law that conflicts with New Hampshire’s new firearms law. That is simply an astonishing flourish, is it not?
Whatever happens these laws are setting up a certain clash between the states and the federal government… unless the federal government follows the states to the same destination for firearms regulations, that is.
So, it’s a waiting game. Which will come first? Will the feds follow the states to the same firearm regulation conclusions or will the feds haul the states into court?
It ought to be an interesting few years in forearms law making.
(HT to Kurt Hofmann of the St. Louis Gun Rights Examiner)