Governor Hassan's Veto Message Regarding HB 512

Statement

Governor Maggie Hassan released the following message after today vetoing House Bill 512:

"By the authority vested in me, pursuant to part II, Article 44 of the New Hampshire Constitution, on June 9, 2016, I have vetoed House Bill 512, prohibiting the confiscation of firearms, ammunition, or firearms accessories during a state of emergency.

"Current New Hampshire law, RSA 4:46, already makes clear that the state cannot confiscate firearms and ammunition as a result of a state of emergency. This bill had two main components. The first added 'firearms accessories' to the items that could not be confiscated -- a change that I would have signed into law. The second provision would subject members of law enforcement, members of the National Guard and even private security officers to personal civil penalties and lawsuits. This provision has raised serious concerns with the New Hampshire Association of Chiefs of Police and the New Hampshire Police Association, and it is because of those concerns that I am vetoing House Bill 512.

"In a letter, the New Hampshire Association of Chiefs of Police wrote:

'This legislation endangers the safety of New Hampshire citizens and broadly overextends the State's influence on local control. This bill restricts the taking of firearms, firearm accessories, ammunition, or ammunition components during a declared state of emergency. It does not offer an exception for seizure of firearms or ammunition if they are used in the commission of a crime or part of a protective order. Furthermore, this legislation infringes on local control by legislating specific corrective and disciplinary actions historically held by the local government.'

"In a state of emergency, there may still be reasons -- violation of a domestic violence restraining order or criminal activity, for instance -- that demand the lawful seizure of a weapon. Police officers should not fear that if they follow lawful orders during a state of emergency that they will be subject to personal lawsuits and personal fines, which could be thousands of dollars. Even if, and when, a civil court ultimately finds that they were acting in accordance with the law in a particular case, the police officer may still incur significant personal costs in defending themselves.

"Current law already provides remedies, including compensation to individuals, for property taken during a state of emergency. There is no compelling reason to subject individual members of law enforcement to civil penalties, including fear of losing their lifesavings or home for doing their job appropriately and exercising their lawful duty to maintain public safety. Therefore, I have vetoed House Bill 512."

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