Within the state whose motto is “Life Free or Die,” it’s refreshing to see a New Hampshire elected official residing as much as these phrases on behalf of two of the state’s residents who’ve been wrongly charged with gun possession crimes in neighboring Massachusetts. By this motion, the state’s lawyer basic’s workplace is taking a stand towards Massachusetts’ restrictive gun legal guidelines. The battle arose after two New Hampshire residents had been charged with felonies for unlawful gun possession whereas touring by means of Massachusetts, a state identified for its stringent firearm rules, WMUR 9 experiences.
New Hampshire, which permits people to personal and carry firearms with no license, stands in stark distinction to Massachusetts, the place strict gun legal guidelines and a state-specific licensing course of are enforced. This conflict between state insurance policies has dropped at mild the challenges confronted by gun homeowners who cross state strains, significantly when coming into states with extra restrictive legal guidelines.
“You could have New Hampshire, which I believe might be probably the most permissive state by way of gun possession butting up towards Massachusetts, which is likely one of the most restrictive states,” Professor Daniel Pi of the College of New Hampshire Franklin Pierce Faculty of Legislation instructed WMUR. The sharp distinction in authorized frameworks can result in extreme penalties for these unaware of the various legal guidelines. In Massachusetts, violations can lead to felony fees with a compulsory minimal sentence of 2½ years in jail.
Famend gun lawyer Evan Nappen, who practices regulation in New Hampshire in addition to New Jersey, a state as completely oppressive as Massachusetts with regards to gun legal guidelines, agrees.
“New Hampshire is probably the most pro-gun state in America. There principally are not any gun legal guidelines in New Hampshire,” Nappen says. “There isn’t even a cost that exists referred to as illegal possession of a handgun. It doesn’t exist, the one factor is should you’re a felon it’s prohibited. It (New Hampshire) is constitutional carry. You’ll be able to carry wherever beneath state regulation besides a court docket home. You’ll be able to carry in a bar. You’ll be able to carry in a church. You’ll be able to carry in a movie show. You’ll be able to carry wherever.”
Nappen notes punishment is reserved within the state for these individuals who truly commit crimes, not for individuals who merely personal a gun.
New Hampshire’s lawyer basic has filed an amicus transient with the Massachusetts Supreme Judicial Courtroom, arguing that the potential for extreme punishment merely for crossing state strains with a firearm violates the Second Modification by imposing “overly burdensome rules.” Assistant Lawyer Common Brandon Chase emphasised the distinctive place of Massachusetts, stating, “Massachusetts applies their regulation very, very strictly to nonresidents…It is perhaps the one state that permits no reciprocal carry. That means, in case you have a firearms license from any jurisdiction, Massachusetts doesn’t honor it.”
The case is now awaiting evaluate by the Massachusetts Supreme Judicial Courtroom, anticipated on September 9. As WMUR 9 experiences, this authorized battle is a testomony to New Hampshire’s dedication to defending the rights of its residents, significantly within the face of more and more restrictive gun legal guidelines in neighboring states. The end result of this case may have important implications for gun homeowners who journey throughout state strains, whereas reaffirming New Hampshire’s place as a staunch defender of Second Modification rights. It’s a transfer that ought to make almost each gun proprietor within the nation wish to transfer to New Hampshire. On the very least, these state leaders defending their citizen’s rights deserve our respect.
