Legislators did not advance a gun bill backed by some Republicans that would have limited the ability of state agencies to unilaterally implement their own gun regulations on Thursday. The proposal faced criticism from some gun-rights proponents, including the state’s Attorney General, who warned it could have unintended consequences.
House Bill 609 came to the floor on the last day of the session with numerous provisions aimed at ensuring the Legislature maintains preemptive control over gun and other dangerous weapons regulations in the state. The measure was driven, in part, by frustration among some staunch Second Amendment advocates that the New Hampshire Department of Transportation has a policy that prohibits contracted plow truck drivers from carrying weapons.
The bill was amended to also include a sunset provision on existing weapons-related policies not already in statute, which could have put the University System of New Hampshire’s authority to prohibit guns on campus in jeopardy. Lawmakers previously failed to advance a separate “campus carry” bill this session that would have allowed students to have weapons on publicly funded campuses.
But on Wednesday, New Hampshire Attorney General John Formella released a letter detailing his office’s concern with the bill, focusing on the underlying procedural mechanism which would require all future gun regulations to be approved through the Legislature’s rule making committee and be based on statute, rather than set by state agencies or other municipal or public bodies in New Hampshire.
“Let me begin by emphasizing that I am a strong Second Amendment supporter and have taken many actions during my time as Attorney General to protect the rights of New Hampshire gun owners,” said Formella. But he continued that “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.”
The House voted to table the measure on a 182 - 160 vote with no debate, with 28 Republicans joining 154 Democrats in opposition.
Earlier Thursday, Sen. Tara Reardon, a Democrat, said the bill had become “the backdoor to campus carry.” She also told Senate colleagues the measure could raise doubts about the ability of courts and airports to set their own gun restrictions.
“We should listen to our law enforcement, listen to our communities, listen to our Attorney General, and not move forward with this potentially dangerous policy,” said Reardon.
The GOP-controlled Senate passed the measure on a 15-to-8 party-line vote, but the House’s decision to table the bill appears to have ended its chances for approval this session.
Some staunch gun rights supporters also lobbied against the bill, saying that the language was rushed and could be better drafted in a future legislative session.
Backers of the bill said that the policies were needed to expand and confirm that gun policies in the state are controlled by elected officials.
“While the legislature does not wish to micromanage every situation and every agency we do wish to maintain guardrails regarding such regulations,” Rep. Terry Roy, a Republican from Deerfield, wrote in a message to his colleagues before the vote.