[Posted January 14, 2010, at 10:00 p.m.] At today's hearing of testimony on HB 1201 before the House Fish and Game and Marine Resources Committee, Attorney Evan Nappen, the Corporate Counsel of Pro-Gun New Hampshire, was the only representative of a gun-rights group to present testimony on HB 1201.
This bill would add muzzle-loading firearms to the prohibitions of RSA 207:7, which prohibits carrying a loaded rifle or shotgun in a vehicle. Here is Attorney Nappen's testimony:
Testimony on HB1201
Submitted to the New Hampshire House of Representatives
Fish and Game and Marine Resources Committee,
January 14, 2010
HB1201: Oppose Unless Amended
Submitted by Evan F. Nappen, Attorney at Law
General Counsel and Board Member of Pro-Gun New Hampshire, Inc.
The bill's "ANALYSIS" 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!"
The problem with RSA 207:7 and therefore with HB 1201, is that RSA 207:7 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 is described as "AN ACT including loaded muzzle-loading firearms in the prohibition of hunting from a vehicle," but its reach goes far beyond concerns about illegal hunting (as determined by the New Hampshire Supreme Court) and has many unintended consequences.
1st CATEGORY OF PROBLEMS: TARGET SHOOTING
Ø You are sitting in the rear seat of your station wagon with a loaded .22 caliber rifle and are preparing to fire at printed-paper targets in a sand pit, not located in a wooded area and you are not hunting. You are guilty of violating RSA 207:7. This were the facts and outcome of the actual case of State v. Shaw, 102 N.H. 498 (See attached)
Ø 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 guilty of violating RSA 207:7.
Ø 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 guilty of violating RSA 207:7.
Ø You shoot clay targets with a shotgun from your boat, and you have the trolling motor on to fight the current and to keep the boat positioned and steady. You are guilty of violating RSA 207:7.
Ø 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 guilty of violating RSA 207:7.
2ND CATEGORY OF PROBLEMS: HANDGUN CARRY JEOPARDY
Ø RSA 207:7 needs to be fixed now because our ability to lawfully carry handguns will soon be in jeopardy as well. 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 does NOT exempt you under RSA 207:7.
Ø RSA 159:6 states that "hunting" is a proper purpose for obtaining a New Hampshire License to Carry a (loaded, concealed) pistol or revolver.
Ø There are many modern handguns lawful for hunting. RSA 208:3-d provides as follows: "Pistols Permitted. - Pistols permitted under RSA 208:3, 3-a, 3-b, and 3-c shall include a .357 Magnum, 10mm Automatic, .41 Remington, .44 Magnum, .45 Long Colt, .480 Ruger, and .50 Magnum, provided that a pistol used for taking deer under this section shall be loaded with no more than 5 rounds of ammunition at any time." These handguns may lawfully be carried loaded in a motor vehicle.
Ø Keeping handguns off this list is not going to last. It defies logic that I cannot have in or on my vehicle a loaded .44 Magnum or .50 Magnum rifle even though I am only target shooting and not hunting, but I can have a loaded .44 Magnum or .50 Magnum handgun! Additionally a handgun is a better choice in vehicle because it is far less cumbersome than a rifle or shotgun.
Ø The new term "muzzle-loading firearm" includes muzzle-loading handguns. This will ban black powder shooters, reenactors, and cowboy shooting aficionados from having a loaded muzzle-loading handgun in or on a motor vehicle even though they are not hunting.
HB 1201 can easily be fixed to do what it actually claims it does. Since 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)
By simply amending HB1201 to add the phrase "while taking or attempting to take wild birds or wild animals" to sections II and III of RSA 207:7, all of the above problems are solved. Here is how those two portions of HB1201 would read:
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.
This simple amendment will focus RSA 207:7 on its true purpose, which is to stop illegal harvesting of game. At the same time, it will protect those carrying firearms who have absolutely no intention of taking game and are not a threat to New Hampshire's wildlife management efforts.