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HernBurford t1_j8slo0o wrote

His bill is highly self-motivated. Rep. Gerhard is an ex-felon and wants his guns back.

He was in prison because he provided guns and explosives for an anti-government standoff in Plainfield, NH. This bill and his motivations is highly dangerous.

https://indepthnh.org/2023/01/20/state-rep-gerhard-wants-gun-ownership-rights-restored-to-ex-felons-like-him/

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mafiafish t1_j8syw5f wrote

>Ex-Felon

>guns and explosives for anti-government standoff

NH state representatives sure are a fun bunch.

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kearsargeII t1_j8t641m wrote

Ignoring the specific charges he got, I would think that he should not constitutionally be able to hold office at all. His direct aid to the Browns in their standoff in my mind should fall under section 3 of the 14th amendment, which prohibits anyone who attempts to rebel against the federal government, or provides aid to rebels, from federal or state legislatures. He didn’t built bombs because he was getting monetary kickbacks, he did it for batshit ideological reasons, the Browns by their own words thought they were leading a militia movement against a corrupt government, so I would think that it would apply in theory.

Practically, not sure that this should apply to a conviction of aiding tax fraud.

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TATA456alawaife t1_j8sw644 wrote

I’m introducing a law that mandates everybody who sees me say that I’m super cool and awesome and handsome and also they have to pay me 20 dollars each time.

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dj_narwhal t1_j8sxlff wrote

How does one become an ex felon, is it not a lifetime title?

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giraffebutter t1_j8tgxz3 wrote

How in the fuck did he get elected…nm I figured it out

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alkatori t1_j8tzgc2 wrote

I'm more concerned with him being a rep than with him potentially having a gun.

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coastalthree t1_j8twwqo wrote

There’s nothing dangerous about an anti government movement if you aren’t an authoritarian. Everyone should have the right to succeed from the union if they believe the government has become more than it was meant to be

−17

Paper_Disastrous t1_j8tzqoi wrote

They could just move down to Bama. Plenty of confederates to hang with there.

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bubumamajuju t1_j8u4i3k wrote

The guy served 12 and a half years for buying food for a couple who evaded their taxes and providing weapons that didn’t result in any injuries or death.

According to this article, he would still be in jail if he didn’t get lucky with the Supreme Court changing the law he got convicted of?

I imagine he’s seeking his constitutional rights back due to the authoritarian loons who think rotting in jail for 12+ years is an appropriate punishment for helping a tax evader.

−19

kearsargeII t1_j8u7bk3 wrote

Whitewashed as fuck.

Literally the only reason why there were no deaths in this situation was because the Marshalls made a calculated decision to attempt to negotiate a peaceful arrest, decided against storming the place after seeing reports of IEDs and poor cover, and ended up arresting the couple by sneaking in undercover. This is all greatly to their credit, probably the best possible outcome to this scenario that nobody ended up getting my killed.

Gerhard did absolutely fuck all to make it peaceful. He built pipe bombs for the Browns. He was arrested with parts, there were dozens of IEDs on the property, to the point where it took years for the property to be deemed safe to auction afterwards. He repeatedly made statements that he personally would use deadly force to defend the Browns. He did bring food for them, but that was far from the limit of his activities.

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smartest_kobold t1_j8sm5g5 wrote

The guy who helped acquire weapons for an armed standoff with the Feds?

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glockster19m t1_j8t74fq wrote

I mean let's be honest, it wasn't much of a standoff

The house was never surrounded, shots were never exchanged, they were literally letting supporters in and out of the house freely the whole time

−6

tghost474 t1_j8vnkp5 wrote

Dude you’re trying to use logic and reason here. Best of luck but a waste of your breath.

0

glockster19m t1_j8wn0cn wrote

Like I definitely don't support the browns, they were both straight up mentally ill and thought they Ed thought he was the second coming of Jesus Christ by the end of it

But it also just wasn't a stand off. They were literally arrested when two undercover agents showed up at their door with a sheet of fucking brownies and were let right inside

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largeb789 t1_j8xpyrw wrote

But it could have turned violent. They had traps in place. They were non compliant with the law.

−1

glockster19m t1_j8xqd1r wrote

But again, it didn't turn violent

If anything it's an example of how easily the government could have avoided violence had they wanted to in similar situations like Ruby Ridge

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largeb789 t1_j8xrzvm wrote

Ed Brown "vowed to resist arrest violently and die rather than go to prison." The only reason the standoff didn't turn violent was the marshals were able to trick them. I don't think Ruby Ridge would have unfolded the same way. I'm glad the feds learned from that and realized they were dealing with a couple nutters.

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JeffersonsDisciple t1_j8slnmi wrote

Non-violent felons shouldn't have constitutional rights taken away.

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HikeEveryMountain t1_j8spcfa wrote

Ok, but this revised law would require THREE VIOLENT FELONIES before firearm rights would be revoked. How about we meet in the middle and say 1 violent felony is too much?

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largeb789 t1_j8spg44 wrote

The sponsor was basically a domestic terrorist. His bill doesn't make a distinction between violent and non violent gun and explosives runner.

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maat922 t1_j8u9unk wrote

Standing up to government thugs on the attack is about the most American thing a person can do and the exact opposite of "domestic terrorism".

−20

underratedride t1_j8uee28 wrote

Shhhhh don’t tell them. They think they’re part of the “resistance”.

−9

rossoEJ55 t1_j8w9w0i wrote

Ah so this is where all the people from Massachusetts who are going to ruin New Hampshire are.

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natethegreek t1_j8spri2 wrote

so felons (after completing their sentence) should be able to vote too?

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mafiafish t1_j8sz80h wrote

Voting makes sense - violent felons having access to weapons seems like something quite different.

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natethegreek t1_j8t57ps wrote

we were specifically talking about non-violent felons... but I agree they are different!

−1

Salt-Breakfast3030 t1_j8vznur wrote

Felons have the right to vote in almost ALL states.

In Vermont, you can vote from Prison.

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IBlazeMyOwnPath t1_j8xmwln wrote

they should be able to vote regardless

If we provide the government with a pathway to disenfranchise people from voting by making something criminal, suddenly, we're going to find we have a lot of criminals...

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Action-Calm t1_j8ssrhb wrote

I'll go further all felons not on parole/probation should have full constitutional rights. There is no provision for otherwise in the constitution.

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Solid_Information_66 t1_j8sxej8 wrote

Don't commit a felony and they won't be?

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keegan1015 t1_j8t0i3k wrote

Not defending Gerhard, (I don’t know enough about him) but non-violent should not lose their rights permanently, think Martha Stewart, or MA OUI law 2.5yrs. Welfare benefits, anything that carries over two years, even if never enforced makes a person federally prohibited

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smartest_kobold t1_j8sufzl wrote

Do you think Jason Gerhard should be legally allowed to buy guns?

−2

maat922 t1_j8u9y06 wrote

Absolutely. Did he serve his sentence? Then yes.

−5

IntelligentMeal40 t1_j8smzqa wrote

Speaking of the right to possess weapons, you know how if you have a medical cannabis card you are not supposed to be allowed to buy a gun? Since Sununu signed the law saying NH doesn’t enforce gun laws that aren’t NH gun laws, wouldn’t that be one of them? I can’t find a NH law that says you can’t have a cannabis card and a gun.

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decayo t1_j8v7oqo wrote

It was a federal judge, so it doesn't matter if he is a NH judge.

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ironiczealot t1_j8xfusu wrote

In the 10th Circuit, so, while that's some nice precedent that could fuel a positive decision nationally if a similar case ever gets appealed up to the Supreme Court, this has no bearing on NH right now whatsoever.

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alkatori t1_j8tz3sq wrote

Doesn't matter that NH won't enforce it. No FFL is going to risk losing their license by selling it.

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ColemanGreene t1_j8uuw5u wrote

Yeah, gun sellers are real big on the letter of regulations. Go to a gun show, you’ll see how much they’ll risk for cash in hand.

−3

SheeEttin t1_j8sz2bb wrote

There's no law that says that. ATF form 4473 asks whether you are an "unlawful user of, or addicted to" marijuana, etc. It doesn't say anything about a MMJ card. You can have a card and not use marijuana, and you can use marijuana and not have a card. They're not related.

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moosesgunsmithing t1_j8wrmdt wrote

Yes there is. Marijuana is federally prohibited and the form 4473 is a federal form. Per the ATFs package to FFLs Marijuana use of any kind makes you a prohibited person.

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RoadAdventures t1_j8wvgou wrote

> Yes there is. Marijuana is federally prohibited and the form 4473 is a federal form. Per the ATFs package to FFLs Marijuana use of any kind makes you a prohibited person.

Absolutely correct.

You forgot to add that lying on 4473 is a felony, and that the feds love prosecuting anyone they catch doing that, so advising someone to omit their marijuana use when filling the 4473 is basically telling them to ask to be jailed.

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SheeEttin t1_j8x006c wrote

Yes, but the question was about having a card, not using marijuana.

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moosesgunsmithing t1_j8x0mdc wrote

The feds don't care if you have a card or not

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SheeEttin t1_j8xa8yd wrote

That's what I said.

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ironiczealot t1_j8xg25x wrote

Don't know how u/moosesgunsmithing meant his comment, but the Supreme Court has ruled that even if courts can't prove usage, merely having a med card is prima facie evidence of being a user. They very much do give a shit.

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moosesgunsmithing t1_j8xgg9o wrote

As far as the feds are concerned, based on the communications I have had directly with the ATF, they treat having a medical card as being automatically an unlawful user and therefore a prohibited person. So that is what I meant.

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tylermm03 t1_j8zibz7 wrote

Dealers won’t sell to you if you’re a user of marijuana. When you fill out ATF form 4473 (a background check form), they ask if you use or abuse any illicit substances, and they specifically state that marijuana is federally illegal. If you lie and buy a gun anyways and they find out, you’ve committed a felony.

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kearsargeII t1_j8t7qj3 wrote

Jason Gerhard is a living example of someone who really shouldn’t own guns but would legally be allowed under this bill. Technically a nonviolent crime until you peel away the tax fraud conviction to show that he was arrested with pipe bombs that he was planning on using as IEDs against police arresting the Browns. The only reason he is currently out of prison is the feds changing mandatory minimum sentencing around explosives. He is basically a living gotcha for his own bill, an contrived set of circumstances seemingly designed to argue that his own bill is a bad idea.

The only way I could come up with a stronger argument against his proposed bills would be to target the absolutely batshit proposed three strikes rule for violent crimes, in which someone could kill two people and still legally be allowed to own guns.

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VenserSojo t1_j8sodl0 wrote

On the one hand felons often commit further crime, on the other most of said felons just acquire weapons illegally regardless and from a legal standpoint punishment for their crime has already been served.

Realistically I'd just punish violent crime more harshly and reduce the amount a sentence can be lightened via a plea deal (in fact plea deals and the current criminal court carousel need to be retooled entirely).

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SlammySlam712 t1_j8tc0k8 wrote

I’m for non violent felons to have firearms just not violent offenders

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Sixfeatsmall05 t1_j8t6yn8 wrote

Ok, fine, but only if they can vote too

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MiggySmalls6767 t1_j8t0c8i wrote

As they should. Once you do you time in prison your time should be over. You are allowed to become a citizen again and that includes all the constitutional protections one is afforded as a United States citizen.

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FightTomorrow t1_j8t2xqm wrote

We treat our ex-cons as second class citizens and somehow expect them all to become upstanding members of society. A double standard I’ve never really understood.

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MiggySmalls6767 t1_j8tbpwm wrote

Exactly. What was the point of them sitting in prison for X years if you’re just going to turn it into a lifetime punishment designed to make them fail?

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Android2715 t1_j8wquwc wrote

You can’t hold office if you’ve been convicted of higher tier crimes. You don’t get every constitution right back

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ralettar t1_j8tungw wrote

I’m open minded to treating those who have done their time with respect and I suppose that includes having their rights restored after they’re released.

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WapsuSisilija t1_j8ukx9z wrote

Domestic terrorist files bill to get guns back.

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overdoing_it t1_j8wckbv wrote

I think anyone not imprisoned or on parole should have full rights. Gun rights, voting rights, all of it. However I can see in certain cases a lifetime restriction of certain rights being part of the sentence or a condition of release. It should be taken on a case by case basis rather than a policy matter of banning all convicts indiscriminately. Simply, let the punishment fit the crime.

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Wintermute1969 t1_j8u393j wrote

Not sure how this would work. the 4473 has a felony question. you'd have to lie on the form, a felony in itself. seems a pointless law.

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AppropriateAd5325 t1_j8uzf1k wrote

He sound completely normal except for the fact he needs a gun in case someone says “Hey sweet cheeks” to him in a parking garage. “I mean I have a knife, but come on”. Seriously dude, i’m a 67 year old woman and I don’t feel I need to be armed to get to my car. And he likes to build bombs, and he’s a state rep? What the what?

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tylermm03 t1_j8zjpeo wrote

You should be allowed to carry a gun if you want to, I have no issues with current state laws considering how low our homicide rate is (it’s the lowest in the country). At the same time, it is against federal law to posses a firearm if you’ve been convicted of a felony unless you have it expunged. When you buy a gun at a dealer they ask you on the 4473 (background check form) if you’ve been convicted of a felony or domestic violence. If you lie on the form about anything, you’re committing a felony and you’d be dumb to think they won’t find out.

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zrad603 t1_j8vppkn wrote

God forbid that the guy who sold weed in high school in the 1960's be allowed to own a gun.

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TheGrateKhan t1_j8so60o wrote

OP, you probably shouldve clarified that its only non-violent felons that would benefit from this. Not every felon. You got me slightly worried for a moment.

If you were punished for your offense, paid your debt, and rejoined the society that you were indebted to, you should be able to get all of your rights back. ESPECIALLY if you were a non-violent criminal.

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Azr431 t1_j8sokfy wrote

The legislator that authored this is technically a non-violent felon and he’s the last person that should have access to guns.

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zrad603 t1_j8vqhia wrote

like.... do you really think he couldn't get access if he wanted them?

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TheGrateKhan t1_j8sxtwq wrote

To use a phrase, "i think the juice is worth the squeeze."

The number of regular people who would be helped by this bill outweighs individuals that might use this as an opportunity to reoffend.

I ask that you look past this one person and judge the bill on its own merit. Returning rights back to people after they completed their punishment.

Class B felonies, simple possession of small amounts of drugs, theft under 1k but more than $500. Not necessarily hardened criminals who want to make the world worse, but people who maybe made a mistake, had one bad moment in their life and are being punished indefinitely for it.

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likes_sawz t1_j8tbw1a wrote

Even if the bill passed it would be ineffective because the federal regulations banning convicted felons from owning firearms take precedence. Also, lying about ones criminal history on a Form 4473 it itself a felony.

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Azr431 t1_j8t07v1 wrote

I disagree. We need fewer guns, not more. I'll leave it at that

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Solid_Information_66 t1_j8sxq56 wrote

It should be as easy for a convicted felon to get a firearm as it is for the average person to adopt a child.

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chain_me_up t1_j8sv31p wrote

Seems like a bad, self-motivated idea.

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Swimming-Accountant6 t1_j8til5w wrote

Only if it’s a gun charge

Edit: they should only be able to get guns if it WASNT a gun charge

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baxterstate t1_j8tm14y wrote

Once you’ve served your sentence, are there rights you never get back?

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THE_GREAT_PICKLE t1_j8tyd7h wrote

Yea, so, this won’t work dude. This is self-serving for him. For so many reasons this won’t work.

But this state is weird, who knows. It’s a terrible idea though.

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tghost474 t1_j8vnj61 wrote

Yea so? If you served your sentence you have served your debt to society.

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blackfish236 t1_j8wf9lj wrote

Yes agreed the second amendment applies to all citizens

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runz_with_waves t1_j8wjcq9 wrote

159:3  Convicted Felons.  Except as provided in RSA 159:3-a, upon completion of a term of incarceration, including all other conditions and requirements of the sentence, a person who was convicted of a felony that did not involve committing an act of violence shall have the right to possess and use a pistol, revolver, or other firearm in accordance with the provisions of this chapter.  In this section, "act of violence" shall mean physical harm inflicted upon another individual.

You serve your punishment and you get your Rights back. Seems reasonable.

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ghostedemail t1_j8wsqqg wrote

In all fairness, some felonies are really stupid

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Kyle_Smiles t1_j8xa132 wrote

Reckless driving is a felony. 25 mph over the speed limit, how many times per week do you do that on the highway? Same with popping a wheelie. Technically you could lose your right to bear Arms over that. Too many things are felonies and it should be very difficult to lose your constitutional right to own firearms.

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angryjonny_1 t1_j97z6ey wrote

First, if you’ve done your time, ALL rights should be given back.

Second, taxation is theft, so he practically didn’t even a commit a crime.

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Doug_Shoe t1_j8t3efm wrote

If a man pays his debt to society, he should have the same rights as everyone else. I could see withholding gun rights if he was still on parole or something like that.

Treating people like 2nd class citizens or monsters is a big reason why many reoffend. If you expect more of people then they will live up to it.

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NHGuy t1_j8t8dk6 wrote

> is a big reason why many reoffend

Citation please. That seems awfully simple

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Doug_Shoe t1_j8wdfcs wrote

Sorry I don't have links at my fingertips ready to go. It's human nature. If you allow a person back into society then he has the opportunity to live like everyone else. If you banish him, then he goes to the criminal subculture. If you treat him differently, then every strike against him is motivation to leave regular society.

You can say "we want him to reform" all day long. If you don't let him reintegrate, then good luck with that.

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Tuckersmom22 t1_j8t98z6 wrote

No, if their felony was a gun charge.

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Rolling_Beardo t1_j8tr7a9 wrote

This wacko should never be allowed near a gun again. He’s a domestic terrorist.

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Connect_Stay_137 t1_j8twjxm wrote

Felons that have proved reform definitely deserve their rights back.

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maat922 t1_j8u9i5s wrote

This is fantastic news. You should also get your voting rights back once you've served your sentence.

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Alarmed_Pop6601 t1_j8urkyt wrote

I’ll never understand how these people get elected 😅🤦🏼‍♀️

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[deleted] OP t1_j8vgtc3 wrote

Shall not be infringed is pretty clear.

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FrenchToaststrea t1_j8x5u5t wrote

Criminals already have guns why not let ‘em have it

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truelikeicelikefire t1_j8sw8be wrote

How do people like this get elected?

No need for answers. It's low information MAGAts

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Missedanother1 t1_j8t4ode wrote

Gotta ask yourself Rep, how does this benefit the law abiding people of NH?

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asphynctersayswhat t1_j8ucdzd wrote

Aren’t the hardcore 2A people also the ones who speak about capital punishment as a deterrent. If they believe in deterrents, the the threat of losing your guns should absolutely be used to deter them from committing felonies. Seems pretty simple to me, just don’t be a felon.

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ThatNewEnglandPerson t1_j8ust0o wrote

non violent felons should still have their second amendment rights

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DrOblivion5550 t1_j8tgk53 wrote

Best thing for the Live free or die state! lol. Arm everyone, and arm them to the "teeth".

−1

LBoogie5Bang t1_j8tieun wrote

This is why we don't get invaded and other countries spy on us remotely from far away. Live free or dye your hair funny colors and get a bunch of tattoos.😂😂

−3

liber_tas t1_j8tiw6n wrote

Already legal under the NH Constitution, there's no exception for felons. But, the NH Supreme Court justices cannot read very well, probably because they went to government schools, so...

−2

tylermm03 t1_j8zisau wrote

They ask on a 4473 if you’ve been convicted of a felony, if you lie on that form it is a felony and you will go to prison.

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liber_tas t1_j99ym67 wrote

Yes. Also Un-constitutional, but, expecting the government to abide by the rules is probably too much.

1