[Posted December 21, 2009, at 9:00 p.m.] This morning the NH legislature's Joint Committee on Legislative Facilities just voted to prohibit the carrying of firearms in the State House complex, which includes the State House, Legislative Office Building, and the Upham Walker House. This committee has authority to make rules, so this is not coming up for a full House or Senate vote -- it's a done deal. There was no real opportunity for the public to express their opinion. In fact, the proposal was not even on the committee agenda, and one member, not notified of the vote, had to leave early. The vote was eight to three, on party lines. Rep. Dan Eaton, a member of the Pro-Gun New Hampshire Council of Advisors, voted for the ban; the PGNH Board of Directors is considering what to do about that. [Update 12/22/09: We're hearing that Dan Eaton was absent on that vote, and that an alternate member, Democratic Rep. Gary Richardson of Hopkinton, voted in his place. We're investigating, and will follow up on this website.] [Update 12/23/09: Dan Eaton was absent for the committee vote. In an article published by the Concord Monitor, he said he would have voted AGAINST the rule. See http://concordmonitor.com/apps/pbcs.dll/article?AID=/20091223/NEWS01/912230341&template=single]
The Joint Facilities Committee is a joint House and Senate committee whose members are:
Sylvia Larsen (Senator; Dem.)
Terie Norelli (Speaker of the House; Dem.)
Margaret Hassan (Senator; Dem.)
Mary Jane Wallner (Rep.; Dem.)
Peter Bragdon (Senator; Repub.)
Sherman Packard
(Rep.; Repub.)
Lou D'Allesandro (Senator; Dem.)
Marjorie Smith (Rep.; Dem.)
Daniel Eaton (Rep.; Dem.) (Update 12/23: absent for the vote; Dem. Rep. Gary Richardson substituted)
Gene Chandler (Rep.; Repub.) (left early, not notified of
the vote, which was not on the agenda)
Martha Fuller Clark (Senator; Dem.)
Sheila Roberge (Senator; Repub.)
Here is the regulation they passed this morning:
"No person, except for law enforcement personnel in active duty, shall carry a firearm or other dangerous or deadly weapon or an explosive, openly or concealed, while inside the State House, the Legislative Office Building, the Upham Walker House, or any of the underground tunnels connected to these buildings. Law enforcement personnel, when requested by State House security staff, must produce sufficient identification establishing their status as law enforcement personnel."
(Note that this bans pocketknives too, according to the definition of "deadly weapon" in RSA 625:11 -- General Definitions.
V. ""Deadly weapon'' means any firearm, knife
or other substance or thing which, in the manner it is used, intended to be
used, or threatened to be used, is known to be capable of producing death or
serious bodily injury.)
[Update 12/23/09: Senator Hassan said that "the ban carries no civil or criminal penalties." Nevertheless, you can be escorted out of the buildings.]
The decision apparently stems from a complaint lodged by three legislators from Stratham who freaked out when they saw people in the gallery of Representatives Hall openly carrying firearms during the shouting and ruckus in the gallery following the defeat of HR6 earlier this year.
After the anti-gun forces got crushed on this issue in the legislative process in 2008, when HB1354 failed dramatically, they are passing it through the back door. No one seems to know how this will be enforced. The irony is that the rule change would disarm legislators too -- which is really stupid if legislators are in any way worried about their own security.
The state statute empowering the Joint Committee on Legislative Facilities to make such a rule - which has the force of law - is RSA 17-E:5-a (VIII), found at http://www.gencourt.state.nh.us/rsa/html/I/17-E/17-E-5-a.htm :
17-E:5-a Powers and
Duties. - The committee shall have the following powers and duties:
...
VIII. To establish policies regarding the use of the facilities under control of the legislature in the state house, the legislative office building, the Upham Walker house, parking garages and lots, and any future facility that may come under legislative management.
We have to fight against this outrage harder than we've ever fought any legislation in the past. Please, immediately spread the word: CALL YOUR STATE REPRESENTATIVE AND SENATOR!
Remember, you can find your state representatives and senator through http://www.gencourt.state.nh.us/house/members/wml.aspx .