By E. F. Nappen, Attorney at Law
[Posted December 14, 2009, at 7:45 p.m.] HB 1201 has been filed at the request the New Hampshire Fish and Game Department. The bill is sponsored by Rep. Bulis, Graf 1; Rep. L'Heureux, Hills 19; Rep. McKinney, Rock 3; Rep. Rogers, Straf 1; and Rep. Porter, Merr 8.
The bill falsely claims to add loaded muzzle-loading firearms to "the provisions prohibiting hunting from a motor vehicle, OHRV, snowmobile, boat, or aircraft." The reality is, "Hunting ain't got nothing to do with it!"
HB 1201 amends sections II & III of RSA 207:7 to read:
(Explanation: Matter added to current law appears in bold italics.)
II. No person shall have or carry, in or on a motor vehicle, OHRV, snowmobile, or aircraft, whether moving or stationary, a loaded muzzle-loading firearm, a cocked crossbow, a loaded rifle or loaded shotgun, or a rifle or shotgun with a cartridge in a magazine or clip attached to the gun.
III. No person shall have in or on a boat or other craft while being propelled by mechanical power, or in a boat or other craft being towed by a boat or other craft propelled by mechanical power, a loaded muzzle-loading firearm, a cocked crossbow, a loaded rifle or loaded shotgun, or a rifle or shotgun with a cartridge in a magazine or clip attached to the gun.
III-a. A muzzle-loading firearm shall be considered loaded when the source of ignition has not been removed.
The problem with RSA 207:7 and HB 1201 is that it BANS ALL possession IN OR ON a motor vehicle, OHRV, snowmobile, boat or aircraft of "a loaded muzzle-loading firearm, a cocked crossbow, a loaded rifle or loaded shotgun, or a rifle or shotgun with a cartridge in a magazine or clip attached to the gun" whether one is hunting or not. Hunting is not even mentioned in sections II or III. The bill claims it is only about "prohibiting hunting" but its reach goes far beyond concerns about illegal hunting and has many unintended consequences.
For example:
1) You are about to do some target shooting and you place your loaded rifle or shotgun on the tailgate of your truck, trunk of your car, or across the seat of your OHRV. You are committing an offense.
2) You are going target shooting and you transport in your motor vehicle, OHRV, snowmobile, boat, or aircraft your rifle or shotgun which is unloaded with no round in the chamber, but it has a loaded magazine. You are committing an offense.
3) You shoot clay targets with a shotgun from your boat. You are committing an offense.
4) You simply place your "loaded rifle or loaded shotgun, or a rifle or shotgun with a cartridge in a magazine or clip attached to the gun" in or on your motor vehicle, OHRV, snowmobile, boat or aircraft, with absolutely no intent to hunt anything. You are committing an offense.
Also, this needs to be fixed now because our ability to lawfully carry handguns will soon be in jeopardy as well. There are many modern handguns suitable for hunting. RSA 159:6 even states that "hunting" is a proper purpose for obtaining a New Hampshire License to Carry a (loaded, concealed) pistol or revolver. Keeping handguns off this "hunting from a motor vehicle, OHRV, snowmobile, boat, or aircraft" list isn't going to last. Please note: the new term "muzzle-loading firearm" includes muzzle-loading handguns. So even though a New Hampshire License to Carry a (loaded, concealed) pistol or revolver will exempt you under RSA 159:4 (Carrying Without a License), it won't exempt you under RSA 207:7.
The good news is that HB 1201 can easily be fixed to do what it actually claims it does. If the true purpose is stop illegal hunting from vehicles then simply add slightly modified language from RSA 207:7 section I to sections II and III.
Section I of RSA 207:7 currently reads:
I. No person shall take or attempt to take wild birds or wild animals from a motor vehicle, OHRV, snowmobile as defined in RSA 215-C:1, boat, aircraft or other craft propelled by mechanical power. (Emphasis added)
Now simply add "while taking or attempting to take wild birds or wild animals" to sections II and III like so:
II. No person shall, while taking or attempting to take wild birds or wild animals, have or carry, in or on a motor vehicle, OHRV, snowmobile, or aircraft, whether moving or stationary, a loaded muzzle-loading firearm, a cocked crossbow, a loaded rifle or loaded shotgun, or a rifle or shotgun with a cartridge in a magazine or clip attached to the gun.
III. No person shall, while taking or attempting to take wild birds or wild animals, have in or on a boat or other craft while being propelled by mechanical power, or in a boat or other craft being towed by a boat or other craft propelled by mechanical power, a loaded muzzle-loading firearm, a cocked crossbow, a loaded rifle or loaded shotgun, or a rifle or shotgun with a cartridge in a magazine or clip attached to the gun.
Hey, that was easy! Now let's see if we can take advantage of the opportunity to fix a bad law and get our representatives to finally make RSA 207:7 focus on dishonest hunters, not honest citizens.