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Location: Somersworth, New Hampshire, United States

I am a veteran who took seriously his oath to support and defend the Constitution of the United States against all enemies, foreign and domestic.

Wednesday, May 17, 2006

NH laws that I would like to see modified or repealed.

Here is a list of some of the NH laws that I would like to see repealed or amended. They are listed roughly in order of importance to me. I will probably add more as I find them. Let me know if you want to nominate a law that needs to be repealed or amended.
265:144 should be amended to remove sections I&II, probably III and maybe IV.
RSA 159:4 is in violation of Article 2-a of the NH Constitution and should be repealed.
RSA 207:4 prohibits the use of any device that reduces the noise created by the discharge of a firearm while hunting. It says that if you get a depredation permit, you are exempt, but I have not been able to get one, and I don’t know of anyone who has been able to get one. This one should definitely be repealed, as it does not solve any problems and it violates the rights of law abiding hunters. Also, well designed suppressors protect hearing better than ear plugs and ear muffs combined.
RSA 644:2 is overly broad and parts of it are unconstitutional. Paragraph II, part e "(e) Knowingly refuses to comply with a lawful order of a peace officer to move from or remain away from any public place" appears to suggest that police officers may order anyone to leave any public place for any or no reason, and arrest them if they do not leave that area fast enough to please the police officer(s). This is clearly unconstitutional and has been abused by the Manchester Police Department, and probably other police departments as well, to prohibit the free exercise of the constitutionally guaranteed rights of law abiding Americans. Those who disobey or ignore orders to leave while peacefully protesting without hindering the movements or rights of others are arrested.
RSA 570-A:2 I would like to see this bill amended to remove the ability of police officers to break the law and arrest anyone who records them in the act.
RSA 266:87 requires reflectors on clipless pedals and on the legs or shoes of cyclists who ride at night. While I think it is a good idea to have reflectors on pedals, not all bicycles come equipped with them, and it is not always convenient to put reflectors on your shoes or legs. This should be a recommendation, not a statute.
RSA 265:150 allows police to deprive a person of their bicycle or moped for violations, and should be repealed.
RSA 159:12 prohibits anyone from giving a pistol to any minor, but allows a parent to give a revolver to their child. Parents should be able to legally give any type of firearm to their child.
RSA 207:7 prohibits having a cocked crossbow or loaded long gun in a vehicle, unless you are a cop. This is a double standard and is unconstitutional, and should be repealed.
RSA 159:16 makes the possession of certain types of knives a misdemeanor, and should be repealed.
RSA 159:4 prohibits carrying a loaded handgun in a vehicle or concealed on the person without a license, is in violation of the US and state constitutions, and should be repealed.
RSA 266:1 requires annual motor vehicle inspections, and should be repealed. RSA 266:1-a and RSA 266:2 should be repealed at the same time.
RSA 208:3-d lists the calibers of pistols that are permitted to be used for the taking of deer in NH. The list is too short and leaves out many good calibers. Instead of listing certain calibers that are permitted, it should list minimum bullet diameter (.35"), minimum bullet weight (110 grains), and maximum velocity (2100 fps). This would allow .357 Maximum, .454 Casull, .458 Win Mag, .460 S&W Mag, .500 S&W Mag and .45-70, provided they used a heavier bullet and weren't loaded with a heavy charge of powder, and .357 Sig, .38 Super, .400 CorBon, .440 CorBon Mag, .45ACP, .45 Auto Rim, .45 GAP, .45 Super, .45 Win Mag, .45/50 Kodiak, .460 Rowland, .500 Whisper, .50AE and .50 Beowulf with any standard loading. Unfortunately wildcat cartridges are not allowed because of the unreasonably restrictive law. I would also like to see the number of rounds allowed to be loaded in the pistol increased to more than five.
RSA 265:99 prohibits coasting, and should be repealed.
RSA 265:108 section I should be amended to replace the word "vehicle" with "motor vehicle".
RSA 265:60 sets maximum speed limits and fines. Ideally I would like to see sections II through VI repealed, but since it is not likely to happen, I would like to at least see the maximum speed limits raised and the fines lowered.
RSA 266:58-a regulates tinted glass. I would like to see it repealed.
RSA 266:9 is an unreasonable lift law and needs to be repealed.
RSA 266:59 regulates exhaust system design. I would like to see section IV of that law repealed.
RSA 265:145 prohibits clinging to vehicles. I used to do it while riding a bicycle in South Korea. I think this RSA should be repealed or amended to allow "clinging" when the owner and operator of the vehicle give the clinger permission to do so.
RSA 160-B:16-b prohibits the retail sale of firecrackers and should be repealed.
RSA 160-B:16-c prohibits the retail sale of bottle rockets, and should be repealed.
RSA 266:75 prohibits anyone from driving a motor vehicle equipped with a TV screen ahead of the back of the driver's seat or that is visible to the driver. It should either be repealed or amended to replace "equipped with" with "while watching".
RSA 77-B:10 requires employers to withhold taxes. I think that employees should be able to decide when they pay their taxes. I would rather be allowed to pay it all at once after the tax year is up rather than having it taken out incrementally throughout the year.
RSA 644:16-B prohibits the transfer of "smoke bombs" to people other than law enforcement and similar groups, and should be repealed.
RSA 160-B:16-aprohibits the retail sale of reloadable aerial shells and should be repealed.
RSA 265:81 prohibits open containers that contain or contained alcohol in the passenger area of a motor vehicle. As long as the driver is not consuming the alcohol and is not under the influence of alcohol, there should be no penalty for transporting an opened container, so this law should be repealed.
RSA 265:80 prohibits driving a vehicle while drugs are on their person or present anywhere in the vehicle. Mere possession should not be illegal, so this law should be repealed.
RSA 318-B is the controlled drug act. The federal government already heavily regulates drug possession and enforces it with the heavy hand of the DEA. Why should we be spending our tax dollars to enforce redundant laws that are often used to imprison people who haven't harmed anyone? This act should be repealed, or at the least significantly reduced in scope.
RSA 160-B:16 prohibits certain types of sparklers, and should be repealed.
RSA 77-B:14 places a lien on businesses for not withholding taxes, and should be repealed.
RSA 645:3 makes adultery a class B misdemeanor. Now I am not promoting adultery, but I believe that it should be a civil issue, and not a criminal issue. I don't believe that taxpayers should be paying for the prosecution and imprisonment of every citizen who commits adultery.
RSA 105:12 gives the authority of arrest to watchmen. The authority to arrest any person who is "strolling about the streets at unreasonable hours, who refuse to give an account, or are reasonably suspected of giving a false account, of their business or design, or who can give no account of the occasion of their being abroad" should be removed.
RSA 158:37 prohibits the making, selling, use or possession of “a bottle or other breakable container containing a flammable liquid into which has been fixed or placed a wick or similar device, and which bottle or container when ignited and thrown will cause a fire or explosion”, and makes the violation of this law a class B felony. I would like to see it either repealed or amended to change it from a felony to a offense where the penalty is a fine and does not allow for jail time. If it is amended, I would like to see an exemption that would allow someone to make, sell, use, or possess such a device on their own property and would allow a property owner to give permission to another person that would exempt them from the law. There are already laws against vandalism and assault. This one is redundant at best.
RSA 264:2 Requires proof of insurance upon conviction for certain motor vehicle law violations. Parts d and e of section I are arbitrary, and should be removed from this RSA.
RSA 105:9 requires any person desiring to conduct a public dance, circus or carnival to make application for police attendance at that function, and if the chief of police decides that police officers should attend, the applicant is required to pay the police officers to be there. I think this RSA should be repealed.
RSA 332-D:2 prohibits most business transactions on Sundays and should be repealed.

One problem that I think needs to be addressed is that NH statutes have multiple conflicting definitions for the same word. "Bicycle", for instance, is defined differently in RSA 259:6 and RSA 230:74. Logic and Webster's dictionary tell us that "bicycle" is "a vehicle with two wheels tandem, handlebars for steering, a saddle seat, and pedals by which it is propelled". Also, how do you determine what constitutes "similar devices"?


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