Annmarie Timmins
concordmonitor.com
Lawmakers are considering two more bills that would loosen gun laws in the state. One would permit nonviolent felons, like drug dealers, to have guns, and the other would lift a prohibition against firing weapons within neighborhoods and city limits.
Other bills working their way through the Legislature would allow guns on school campuses and remove the requirement that gun owners must have a license to carry a concealed weapon.
Current state law forbids all felons from having a gun unless they have their conviction annulled, which is possible in five years for a Class B felony and 10 years for a Class A felony. Rep. Andrew Manuse, a Derry Republican, wants to change the law to allow nonviolent felons to have guns upon completing their sentence.
"In our criminal justice system, we rely on the ideal that a person convicted is corrected by time in jail," Manuse told the House Criminal Justice and Public Safety Committee yesterday. "Once a person has served his time, that person should be considered to have paid their debt and all their rights should be restored. Our Constitution requires this."
Manuse noted that felons can ask a court to restore their voting rights without wait. The same should be true for nonviolent felons, which would include embezzlers and those convicted of simple assault and drug sales, and even some robberies.
Under Manuse's law, violent felonies would be limited to murder and manslaughter, rape, first-degree assault, kidnapping, incest, offenses involving felonious child pornography, and some robberies and arsons.
Manuse said his intention is to make New Hampshire law comply with the state Constitution, which says penalties must be proportional. Therefore, he said, a violent felony should not be punished the same as a nonviolent felony.
The bill's supporters testifying yesterday included Rep. Mark Warden, a Manchester Republican who called the legislation a "common sense bill," Rep. Al Baldasaro, a Londonderry Republican, and Rep. George Lambert, a Litchfield Republican.
Lambert asked the committee to remember that New Hampshire forbids felons from other states from having guns even if a felony in one state is not a felony offense in New Hampshire. He also offered the example of Martha Stewart, whose felony insider trading conviction would prevent her from coming to New Hampshire with a gun.
"If I invite Martha Stewart to my house to give my wife a little lesson in cooking and manners, she couldn't come (with a gun) because she's a felon," Lambert said.
Police officials spoke against the bill.
Retired Henniker police chief Timothy Russell spoke yesterday on behalf of the state attorney general's office and the New Hampshire Coalition Against Domestic and Sexual Violence.
"Do you really believe that a vast majority of your constituents would really want you to vote in favor of a piece of legislation that gives convicted burglars, thieves and drug dealers the right to purchase and own firearms?" Russell asked the committee.
He said the state's annulment law gives nonviolent, one-time felons a fair chance to regain their gun rights.
Maj. Russ Conte of the state police said the law would allow drug lords and motorcycle gang members to drive down through cities and towns with weapons if their offenses were drug-related. "This is a dangerous road to go down when certain felonies are not considered important enough," he said.
The second bill, lifting a ban on firing weapons within neighborhoods and city limits, was also opposed by the police. The Republican House leadership also testified against the bill, whose main sponsor is Republican Rep. Robert Willette of Milford.
"Firing guns is serious business, and we need to make sure we are protecting everyone," said Rep. Shawn Jasper, a Hudson Republican, on behalf of the leadership.
He acknowledged that state Fish and Game Department laws make it a misdemeanor offense to fire a weapon in a manner that would harm someone or their property. But Jasper said he wasn't sure that was enough protection.
Another would lift ban on firing in city
The existing law forbidding the firing of weapons within a neighborhood or city limits allows an exception if the police chief permits it. Rep. David Welch, a Republican from Kingston, said he's received permission to fire his cannon in public places, although he noted it's never been written permission as required by law.Gun rights supporters testified for the bill yesterday, saying the current law assumes all gun use is unsafe and dangerous. "You can't legislate responsible behavior," said Penny Dean, a Concord lawyer. "We have no evidence the current law is based on safety."
(Annmarie Timmins can be reached at 369-3323 or at atimmins@cmonitor.com.)
