adventures in the free state

Byzantine Bureaucracy to Drive One to Drink

2013-06-18T23:13:00.001-04:00

So here's how this works. A chamber of the NH General Court (House or Senate) passes a bill. It then proceeds to the other body to consider, where any ultimately approved version may be an amended version. Well, the first body then gets to form its own opinion of that change, so back it goes. That chamber can do one of 3 things: it can concur or it can reject (in either case, we're done), or it can request a "Committee of Conference," where hand-picked representatives of each body attempt to hash out a compromise. If they do, then the House and Senate each separately deliberate on that version. 'Course, the initial "Committee of Conference" request could be rejected, too, in which case, again, we're done.

Anyway, that thus and herewith convened "Committee of Conference," 6/18/2013, is where we now sit with HB253, "relative to limitations on sales by nano breweries for consumption on the premise," which in its original form would have "allowed" nano-brewers (technically tiny breweries, and not necessarily tiny brewers) to sell their product to willing customers with less contractual interference from state nannies. Gosh, you'd think "No State shall ... pass any ... Law impairing the Obligation of Contracts" ought to take care of that, wouldn't ya...?

See, back in May, the Senate, lead by their Commerce Committee, which in turn was lead by restaurateur (and my former, until he moved after redistricting specifically so he had a better chance of continuing to be a) Senator Andy Sanborn, decided all those pesky potential nano-breweries giving beer lovers what they desire and adding to the burgeoning beverage culture of NH could well cramp the profits of the existing-and-connected protectionist big-money special interests -- including the state's own monopoly Liquor Commission. That wouldn't be "fair." Couldn't have that, now could we?

So the Senate decided that those hopeful very-small-businessmen should have to open a restaurant, too. You know how much it costs (including for compliance with even more state regulatory contracts interference) to add a restaurant you didn't want in the first place onto your "following-a-dream-shoestring-in-a-garage" business? State don't care. State's got meddling to do. State's got cronies to protect. Who do ya think runs this place, anyway?

Here's the "fair" solution for ya, Senator Sanborn: Get rid of the onerous state-monopoly 3-tier system! Let a competitive free market decide, rather than the self-interested, unelected, regimented buzz-cut bureaucrats on the Liquor Commission. Stop attempting to micromanage the economy! How 'bout letting their customers decide what they want instead of their government?

All that being said -- and MAJOR props to activist Kevin Bloom -- we appear to be headed for a substantively better "compromise" bill than was anticipated -- unlike for medical marijuana, unfortunately...

This Is What Voluntary Community Looks Like

2013-06-03T17:16:00.000-04:00

It's also what personal commitment and responsibility look like. This is what happens when participants and friends of the Free State Project -- affectionately known as "porcupines," collectively -- hear a call for help. Tyler and Katie Crosson, freshly arrived in Manchester, NH, from Connecticut, discover they have a substantial ready-made support network, 6/1/2013. Friends, family and neighbors helping each other. Without government oversight, without threats, without extortion. Simply because it's right.

Has it occurred to you that you probably live much of your daily life that way -- voluntarily, with mutual consent -- already, without really even thinking about it? Wanna do more? You know where to find it...

Music courtesy of Kevin MacLeod.

Zombies...!

2013-05-10T08:21:00.002-04:00

These just needed to be collected in one place. Gary Johnson, Hardy Macia and John Babiarz combat the zombies of 2-party politics leading up to the 2012 elections (hey! I worked on a national campaign video...!)...

The One Where the Senate Serves the Liquor Commission

2013-05-07T16:41:00.001-04:00

And the crony mega-brewers, of course, who would obviously be put at a crushing disadvantage if nanobreweries were actually allowed to sell their minuscule product in their facilities to willing customers. But you knew that, right?

Just listen as Sen. Jeb Bradley explains how the primary consideration for his amendment was appeasing the state-monopoly NH Liquor Commission, and thus justifies ignoring the people and entrepreneurs in favor of big business and continued government protectionism and micromanagement, as the NH Senate Commerce Committee deliberates in "Executive Session" its recommendation to the full Senate on HB253, "relative to limitations on sales by nano breweries for consumption on the premises," 5/7/2013. They've now crafted the restrictive bill the Executive Branch wants, and they approve. Crimony. Could they be more blatant?

Hey legislature! You represent the people, not the Executive Branch! Listen to US! Here's a novel concept we've been working on: legalize voluntary, competitive free market commerce!

Overall, a bad day for the good guys at black rock...

Punished For Being A Crime Victim?

2013-04-25T12:10:00.000-04:00

The NH Senate Judiciary Committee considers HB388, "relative to the storage of firearms," 4/23/2013, in 2 parts.

Should you be responsible for crimes committed with your property -- and not just firearms, because this principle is entirely transferrable -- after, due to no reasonably construed negligence on your part, it's been stolen from you? Could any security be considered "perfect" enough to reliably insulate you from such liability, short of prohibiting ownership of that object in the first place?

Repeal of 'Stand Your Ground' Moves to NH Senate

2013-04-24T22:36:00.000-04:00

HB135, "relative to physical force in defense of a person and relative to the definition of non-deadly force," having squeaked past the NH House, moves on to the NH Senate Judiciary Committee, 4/23/2013.

But first, Jenn Coffey of 'Second Amendment Sisters' and 'Knives, Lipstick and Liberty', the NHLA's Michelle Levell give their take. Then, attorney Penny Dean and Rep. Dan Itse explain the practical realities of Constitutional law and legislation and process.

I'm certainly not a lawyer, but I can read English. And here's the inconvenient truth, IMHO, about this nevertheless anti-liberty bill: not only can't you ever know with certainty that you can retreat in complete safety, even less can you be certain that a third person can. And this bill justifies your not running away if they can't do so, too. Let's take a look at the relevant portion.

III. A person is not justified in using deadly force on another to defend himself or herself or a third person from deadly force by the other if he or she knows that he or she and the third person can, with complete safety:
(a) Retreat from the encounter, except that he or she is not required to retreat if he or she is within his or her dwelling[,] or its curtilage, [~~or anywhere he or she has a right to be,~~] and was not the initial aggressor;...

Too many double negatives, but here goes. So you are justified if you don't know (but again, how can you ever, anyway) that both you and (not or) a third (or fourth or tenth) person can retreat in complete safety, regardless of location. We haven't gotten to the 'location' condition yet, which is an override to the "if you somehow know you can retreat safely" bit (i.e., you're still not obligated to if you're home). But here, we're talking about if you can't be sure. So where you are is utterly irrelevant as soon as your or that third person's (complete) safety is in question. Go save those innocents, citizen, whether this passes or not...

So I ask again: other than rendering the legal situation (umm, clearly) cloudier, what is this bill supposed to accomplish, exactly? What is the intended purpose in advocating its passage?

But this is why it still matters:

(While we're about it, though, that cop in the Bearcat aiming his AR15 at the photographer in the 2nd-story window in Watertown, MA during the bomber manhunt will be charged with felony criminal threatening, too, right...?)

Hemp For Victory!

2013-04-14T17:03:00.000-04:00

Hemp For Energy! Hemp For Health! The NH Senate Judiciary Committee hears testimony on HB153, "prohibiting the designation of industrial hemp as a controlled substance," 4/11/2013. But we'll start with hopeful farmers Glen Dickey and Bill McGonigle and the prospect of rational analysis. The NH House hearing, too, is around here someplace...

Or once Blip has finally gone missing, try the archive.org copy...

NH MMJ Prohibitionism Jumps the Shark

2013-04-13T13:31:00.000-04:00

Sure does feel like it, doesn't it? Belligerent servants in unrelenting irrational opposition to any relaxation of ~~medical~~ ~~medicinal~~ -- sorry, therapeutic marijuana prohibitionism appear finally to have accepted the prescription-writing on the wall. Now mere delay is their strident meddlesome battle cry -- most notably, perhaps, from the throat of a "usual-suspect" bureaucratic-fetishist authoritarian physician (who even got a certain reporter from a certain public radio station rolling his eyes and exchanging smirking glances), whom I really have to question whether sees actual patients, or merely gleefully pushes papers -- although that's clearly her passion (and who am I to deny to her her passion as long as she isn't harming anyone, say, by doing something barbaric like denying them entirely peaceful pain relief, amIright?).

Herewith, having already cleared the House, the NH Senate Health, Education & Human Services Committee hears testimony on HB573, "relative to the use of cannabis for therapeutic purposes," 4/11/2013 (watch it quick, cuz Blip.tv has apparently decided I'm not commercial enough for them and will be summarily deleting all my content entrusted to them soon, and I haven't figured out where else to republish it all yet -- suggestions appreciated), preceded by select testimony from NHCompassion.org Executive Director Kirk McNeil, taxpayer Rich Paul, and Ian Freeman from FreeTalkLive.com and FreeKeene.com.

Press

Or once Blip has finally gone missing, try the archive.org copy...

NH Senate Considers Being a Little Less Draconian

2013-04-12T19:56:00.000-04:00

Again. HB621, "decriminalizing possession of one quarter of an ounce or less of marijuana," having survived the NH House, confronts the Senate Judiciary Committee, 4/11/2013.

But first, Rep. Mark Warden, and Ian Freeman of FreeTalkLive.com and FreeKeene.com offer distinct perspectives on the de-escalation of the the "War on People Who Use (Some) Drugs"™.

(Btw, Blip.tv -- absolutely not recommended anymore, in case that's not clear, unless you're into 'fly-by-night' -- today announced [not so much "announced," though, since I had to accidentally stumble on it, and there's still no indication from them that they had any intention of actually informing me in advance had I not come inquiring] that they will be closing my account and deleting my content within a month, for vague and capricious reasons. Essentially, "new business model: nothing personal, sorry, bye..." All ~70 videos there will therefore soon become unavailable, and will eventually have to be re-uploaded to another provider and re-embedded throughout this blog. I may or may not be able to again post long videos on YouTube come July; we're kinda fuzzy on that one, too. In the mean time, if anyone can suggest A RELIABLE alternative long-video hosting provider, I'd be deeply appreciative...)

Or once Blip has finally gone missing, try the archive.org copy...

NH House Committee Considers Considerably Higher Gas Taxes

2013-03-16T19:21:00.000-04:00

Testimony before the NH House Ways and Means Committee against HB617, "increasing the rate of the road toll and establishing the New Hampshire state and municipal road and bridge account," 3/14/2013.

Highlight reels include Rep. Bill O'Brien, and then Rep. Steve Vaillancourt and taxpayers Ian Freeman and Pam Ean.

Or once Blip has finally gone missing, try the archive.org copy...

Medicinal MJ on the Island of NH: The Final (Defensive) Assault?

2013-02-22T17:02:00.001-05:00

No doubt about it: the authoritarians and protectionists in the state already landlocked by successful medical pot are scared shitless.

Last session's medicinal marijuana legislative hearings were, aside from the usual hysterical suspects, surprisingly uneventful and productive. SB409 was then passed by the GOP-dominated NH House and Senate, vetoed by a Democratic (which really ought to be in quotes, shouldn't it?) governor, then overridden by that GOP House, only to fall tantalizingly short of a similar override in the GOP Senate.

This year's HB573-FN, submitted to a Democratic House, however, here before the Health, Human Services and Elderly Affairs Committee, 2/21/2013, appears to have reinvigorated the Forces of Force. How many were "on the clock," being paid by you, harried taxpayer, to self-servingly lobby your other servants to continue infringing your liberty, your self-ownership, your authority over even your own body? Whom does the Legislative Branch serve, faithful reader: the Executive Branch and crony lobbyists all with vested financial interests and delusions of superior judgment and the delegated authority to impose it, or the people?

We'll start, though, with testimony first by pain patient Clayton Holton and former NH state representative (and former bill sponsor) Evalyn Merrick, then by (briefly) a standard-issue Executive Branch thug, an exasperated citizen (AKA, the recalcitrant thug's unwilling employer), and a couple lobbyists for people in pain -- most of whom couldn't afford to be here to testify in opposition to their own belligerent servants.

Press

Or once Blip has finally gone missing, try the archive.org copy...

'Pot Fest' Confronts 'Justice'

2013-02-17T16:29:00.001-05:00

Will justice prevail? Selected testimony from the brace of marijuana bills heard by the NH House Criminal Justice Committee, 2/14/2013.

First, Rich Paul testifies regarding the unalienable right to pursue happiness and HB492, "relative to the legalization and regulation of marijuana." Then Rep. Mark Warden introduces HB337, "legalizing marijuana and cannabis." Following, a couple new arrivals (to my knowledge) -- and very welcome, indeed -- to NH liberty activism join Rich Paul again in also addressing HB337. Finally, Marijuana Policy Project Legislative Analyst Matt Simon and NH Common Sense Executive Director Kirk McNeil speak during the hearing on HB621, "decriminalizing possession of less than one ounce of marijuana," but reference all 3 bills. See more of these hearings here.

Rich Paul

Rep. Mark Warden

Select Testimony

Matt Simon and Kirk McNeil

St. Valentine's Day Massacre

2013-02-15T19:51:00.001-05:00

What a lovely day to coo. Or to start a coup... Hemp was last month, and medical marijuana is still to come, but HB492, "relative to the legalization and regulation of marijuana," HB337, "legalizing marijuana and cannabis," HB621, "decriminalizing possession of less than one ounce of marijuana," all have their initial public hearings before the NH House Criminal Justice Committee on Valentine's day, 2/14/2013. Can ya feel the love?

First, though, we'll lead off with a little historical compilation, because FSP-spawned NH political activism has historical context now, don'tchaknow. Peter Morency, president of the "NH Chiefs of Police Association" at the time, and Ian Freeman, representing "NH Organized Crime," separately but unitedly advocate for the preservation of the status of certain inanimate substances as arbitrarily "illegal," and for the continuation of the tragic, destructive and entirely preventable phenomenon of "prohibition-related crime," before the same committee back in January of 2008 on HB1623-FN (the entirety of which hearing can be relived here). The former for cushy monopoly job security (as in this clip he wistfully waxes nostalgic over the "good-times" Capone-era alcohol prohibition responsible for such "common good" benefits to society as the incident referred to in this post's title) -- and the sheer power-trip, of course -- and the latter as continued "force-monopoly" protectionism for his organization's prevailing government-enabled black-market business model. Then Ian testifies again for the same organization, before the same committee, on this day, in opposition to HB492. Sadly, the new House majority is also a humorless majority, evidently, and subtle satire is lost on them, however incisive: this time the Chair seems confused by Ian's employment of Mark Twain-style analysis. So Ian subsequently takes a shot at them out of character for HB337.

The difference between Peter and Ian (similarly testifying in opposition), of course, is that Peter is deadly serious. Peter, you represented the chiefs' vested self-interest (on the taxpayers' dime) so earnestly, so proudly and so well. Where have you gone? Ahh. Expanding your empire, I see...

It's profoundly sad that NH has had so many opportunities to lead on this issue -- substantively thwarted in recent years by an ostensibly liberal governor, ironically enough -- and yet finds herself playing catch-up as other states successfully rediscover their 10th Amendment prerogatives, reassert their sovereignty over an increasingly rogue yet intentionally limited general government, put their servants back in their place, and stop persecuting peaceful people for the temerity of assuming that they actually own their own bodies, that they're not the property of the state. It's long past time for servant bureaucrats to lead, follow or get the hell out of the way.

And by the way, just to finally say it in print (although I did inquire of the Senate almost a year ago, at the very end of that hearing), there is absolutely no excuse for the people's employees to be lobbying, in their official capacity, against the people's wishes. None. Take off the badge or the uniform or the fancy hat, and you have just as much right to an opinion as anybody else. But as a public servant, your duty is to follow the public's orders, not to undermine them. We say "jump," you say "how high?" You aren't paid to contradict us. We tell you what is nece...!

If you, faithful reader, also believe your representatives should be preferentially listening to and accommodating you rather than your other servants, if you believe that the Legislative Branch is supposed to represent and be accountable to the people and not to the Executive Branch, tell them.

One more thing. Since it's an astonishingly indignant complaint we hear oppressively often in your committee room, Committee Chair Pantelakos, if you will promise that your government will start accepting its subservient role and consistently respecting and defending the "life, liberty and pursuit of happiness" self-ownership of peaceful people, as is its intent, I promise we'll quit wasting our time by obliging you to "put up with" us, and we can all go do something more productive and enjoyable. Otherwise, you reap what you sow. Deal?

By your government's own faithless actions, you have compelled, you have necessitated our presence, our resistance, our hovering oversight of you -- and inventive tactics in the never-ending effort to actually get through to you. Get used to it, or convince us you don't require our supervision anymore. Your choice.

Press

On with the show. Primary videos will appear in this post as they're uploaded over the next day or so. Six hours edited, for your sanity, to only the pro-(all)-rights speakers (though HB621 is complete). I may isolate other testimony in a future post...

Cops & Robbers

(Each full video below is temporarily double-posted to account for Blip's unreliability. Their versions will be disappearing soon...)

HB492, 'tax & regulate'

HB337, 'legalize'

HB621, 'decrim'

"Stand Your Ground" Under Attack

2013-01-24T16:22:00.002-05:00

Ironic, huh?

The NH House Criminal Justice Committee hears testimony regarding HB135, "Relative to physical force in defense of a person and relative to the definition of non-deadly force" -- the proposed repeal of last session's "stand your ground" law -- 1/22/2013.

Oh, and this happened. Just short of the 13-minute mark of Part 1 (of 3). About 10 minutes later, Rep. Dan Itse appears to reference the Chair's condescension.

When can you "know" you can retreat "with complete safety?" Correct: Never. So if you are legitimately threatened (and if you're not, then you're not justified in the first place, right?), and in that circumstance justifying that self-defense you are also never certain that retreat is completely safe, and thus never required to run away, what is the purpose of the change? What does it accomplish, other than to embolden criminals -- to prey, and to subsequently sue?

Press:

Preview

(Each full video below is temporarily double-posted to account for Blip's unreliability. Their versions will be disappearing soon...)

Part 1

Part 2

Part 3

Industrial Hemp Re-enters the Machine

2013-01-23T17:19:00.000-05:00

There are few words remaining to describe the unfathomable cognitive disconnect that continues to impede the modern-day agricultural cultivation of and economic benefit from (remember, you may use it, you just can't grow it -- you must pay other countries to grow it for you...) such an ancient, versatile and valuable plant as industrial hemp. Just last year, a very similar bill, the odyssey of which can be traced back starting here, went down accompanied by much stupefying legislative indifference.

This is the commencement of this year's journey, beginning with the public hearing for HB153, "Prohibiting the designation of industrial hemp as a controlled substance," before the NH House Criminal Justice Committee, 1/22/2013. The viewer will note that there was no testimony opposed. The closest the prohibitionists got was AAG Anne Rice wagging a finger and stating that it's still illegal according to the overstepping feds -- as if the 10th Amendment requires that we submit regardless. But the accuracy of that assertion was quickly challenged anyway by New Hempshire Foundation's Kevin Bloom, whom we'll see, too, in the teaser video.

But first, here again is the federal government's (taxpayer-funded) position on the domestic production of industrial hemp -- before the petroleum and paper industries and the police-prosecutor-prison-industrial complex (which needs more laws to grow their businesses, after all) told 'em to knock it off, that is...

Onward...

Or once Blip has finally gone missing, try the archive.org copy...

"Gun Appreciation Day," Concord, NH

2013-01-21T01:25:00.001-05:00

NH state Rep. Al Baldasaro addresses the NH edition of a national rally (AKA "Guns Across America") this day in support of the 2nd Amendment right to self-defense, in front of the NH State House, 1/19/2013.

The referenced state legislative bill, HB135, has its House Criminal Justice Committee hearing this Tuesday, 1/22/2013, at 1:30pm. With sufficient attendance, it should get moved to Representatives' Hall in the State House. Do try to ensure that relocation with your presence, if at all possible.

Next, if you missed this rally (and it was pretty quickly put together, so you can be forgiven), another 2nd Amendment Rally is scheduled for the same location on 1/31/2013 at noon.

Additionally, Free State Project activists take the opportunity to thank Rep. Cynthia Chase for her selfless recruitment efforts.

Additional media:

(The Concord Monitor doesn't appear to have considered hundreds of weapons at the State House to have been newsworthy. Interesting...)
Gun Groups Are Asking You to Support ‘Gun Appreciation Day’ on Jan. 19 - Guns.com
Hundreds Rally at the Statehouse to Preserve Gun Rights: VIDEO - Concord, NH Patch
IMAGES: 2nd Amendment Supporters - Concord, NH Patch
January 19 Concord gun rally - a set on Flickr
Hundreds gather for pro-life and pro-gun rights rallies in Concord | New Hampshire NEWS06

Or once Blip has finally gone missing, try the archive.org copy...

What's Important Enough to Trade Your Freedoms For?

2013-01-09T17:26:00.000-05:00

Do you have the right to trade others' freedoms for it, too? Ben Franklin famously warned that "security" wasn't it. So... What?

"First they ignore you, then they ridicule you, then they fight you, and then you win."

It's starting to smell like a fight, isn't it? And since the Free State Project won't even officially land in NH until the 20,000 participants are secured, rather ahead of even the most optimistic schedule, too...

NH state representative Cynthia Chase, fearful of losing something, launched something of a firestorm in December 2012 when she advocated in a comment on NH progressive forum BlueHampshire.com that people who disagree with her politically should have their freedoms legislated away (but don't stop there -- there's more gold to be found in that thread...).

Because of that exhibited fear of "the single biggest threat the state is facing today," the Free State Project has received a considerable bump in interest.

Consequently, this day activists express their heartfelt gratitude to Ms Chase with the delivery of a lovely flower arrangement to her at the first meeting of her House committee, Children and Family Law, 1/9/2013.

Here's some press surrounding the brouhaha (your humble chronicler really likes saying "brouhaha"...):

“Free Staters are the single biggest threat the state is facing today.” – State Rep Cynthia Chase - Free Keene from 12/25/2012
Libertarians Not Welcome Here, Says NH State Rep - YouTube from 12/28
New Hampshire Legislator: We Need to 'Restrict Freedoms' of Conservatives from 1/3/2013
New Hampshire Democrat seeks to restrict freedom for conservatives, media silent - National Policy & Issues | Examiner.com from 1/4
Democrat Terie Norelli Brings Civility To the New Hampshire House? — GraniteGrok
Co-opting our way of life - Fosters.com from 1/8 (Don't forget the comments...)
Blog post takes aim at Free State effort - SentinelSource.com: Local News from 1/9
Flowers Sent to Cyntha Chase, Thanking Her for Boosting FSP Recruiting - Free Keene from 1/9
Where Does the Hatred of Constitutionalism Come From? from 1/10
New Hampshire becomes New Hateshire - National Libertarian news | Examiner.com from 1/10
FOX News on Cynthia Chase vs. Free Staters - YouTube from 1/11
FSP has some growing up to do - Fosters.com from 1/12 (and those comments again)
The greater threat: Free Staters or dictators? | New Hampshire OPINION01 from 1/13 (UL, there are only 2 ways to do anything: voluntarily or by force. No third way. I prefer voluntarily. Which do you choose...?)
Opinion: Is the Free State Project an Existential Threat to New Hampshire? « New Hampshire Journal from 1/15
FSP News January 2013 from 1/16
WBIN Reports on Cynthia Chase Controversy with Ian and Mark of "Free Talk Live" - YouTube from 1/16
Petition calls for censure, impeachment of N.H. representative over Free State Project comment | Concord Monitor from 1/29
Manchester state rep's tweet leads to war of words over Free Staters | New Hampshire NEWS06 from 1/29

NH House Rules Committee Disparages The Rule of Law

2012-12-21T15:51:00.001-05:00

Having reclaimed control of the NH House, Democrats set about remaking the body's rules in their own image. The NH House Rules Committee meets to hammer out recommendations to the full House on their proposed dictates, 12/20/2012. Specifically of interest here, on the dissolution of the Redress of Grievances Committee and the Constitutional Review Committee, and -- since "gun-free zones" are empirically such a nettlesome hindrance to budding mass murderers -- the return to a more criminal-friendly "victim disarmament zone" in their area of the State House. I feel safer already... You can follow along with your own copy of the proposed rule changes. The full House will consider the committee's recommendations on January 2, 2013.

A few points to chew on. Can these provisions of Constitution and law be simply ignored by the legislature?

NH Constitution, Part First, Article 31

[Meetings of Legislature, for What Purposes.] The legislature shall assemble for the redress of public grievances and for making such laws as the public good may require.
June 2, 1784 Amended 1792 generally rewording sentence and omitting "for correcting, strengthening and confirming the laws."

NH Constitution, Part First, Article 32

[Rights of Assembly, Instruction, and Petition.] The people have a right, in an orderly and peaceable manner, to assemble and consult upon the common good, give instructions to their representatives, and to request of the legislative body, by way of petition or remonstrance, redress of the wrongs done them, and of the grievances they suffer.
June 2, 1784

NH Statutes, RSA 159:26

Firearms, Ammunition, and Knives; Authority of the State. –
I. To the extent consistent with federal law, the state of New Hampshire shall have authority and jurisdiction over the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, firearms supplies, or knives in the state. Except as otherwise specifically provided by statute, no ordinance or regulation of a political subdivision may regulate the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, or firearms supplies in the state. Nothing in this section shall be construed as affecting a political subdivision's right to adopt zoning ordinances for the purpose of regulating firearms or knives businesses in the same manner as other businesses or to take any action allowed under RSA 207:59.
II. Upon the effective date of this section, all municipal ordinances and regulations not authorized under paragraph I relative to the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearm components, ammunition, firearms supplies, or knives shall be null and void.
Source. 2003, 283:2, eff. July 18, 2003. 2011, 139:1, eff. Aug. 6, 2011.

Also, we'll hear from Rep. Dan Itse, a driving force behind the changes 2 years ago -- changes that directly empowered citizens (but I guess there's my answer, eh?) -- that have evidently proven so horrendous that they must now be rolled back. For the children, of course...

How to Instruct Your Representatives

2012-08-16T00:24:00.000-04:00

Hot on the heels of this week's miscarriage-of-justice-on-multiple-levels jury verdict in the case of Ademo Freeman (to which even the judge opined, "I don’t accept the state’s reasoning"), the subcommittee of the NH House Criminal Justice Committee that's addressing HB553, "relative to the law on wiretapping and eavesdropping," and if and how the full committee should recommend reworking it into an "acceptable" bill for the next legislative session (having been relegated to "interim study" this session), held a work session, 8/15/2012.

Subcommittee work sessions, by their nature, are substantially less formal than committee hearings -- examples of which perhaps over-populate this blog (but your humble chronicler finds them, like train wrecks, difficult from which to avert his eyes). But chaired by my own Representative Mark "Don't Call Me Kevin, Boston.com" Warden, this body was perhaps particularly and refreshingly receptive to input from its employers, the people -- that's you, faithful reader. Here's to hoping the individual members are equally cognizant and respectful of that relationship. The bottom line: they represent you, not the Executive Branch and its operatives in uniform with the monopoly on force.

Hopeful, too, as this work session was, however, this nevertheless empirically pressing issue in NH is still, sadly, a long, long, long way from finally getting resolved legislatively -- and so, sadly, too, there will likely be plenty more opportunities for "judicial branch activism" (often mischaracterized, IMHO, as "outside-the-system activism").

But this is what citizen political involvement looks like. If you feel justifiably compelled to participate, contact the committee members, then contact your own representatives.

For the record, this is how I responded to the NHPR piece linked above:

"New Hampshire is one of twelve states that requires all parties to consent to being recorded over the phone."

That blanket assertion is not an accurate statement, as a careful reading of the relevant statute would have exposed -- rather than obediently taking government's word for it. What does this, from the RSA definitions, mean to you?

570-A:1 Definitions. – As used in this chapter: ...
II. "Oral communication" means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation.
Do public officials have such an expectation that their official duties are private from their employers, the people? According to the 'Glik' decision out of the First Circuit Court, and the 'Alleman' decision out of Goffstown District Court, they do not. Nor, pointedly, according to the NH Constitution, Part 1st, Article 8. That public school employees and government prosecutors and cops don't understand that they are, in fact, public officials renders them no less so simply on their own assertions.

Further, and even if we DISREGARD the above definition,

570-A:2 Interception and Disclosure of Telecommunication or Oral Communications Prohibited. – ...
I-a. A person is guilty of a misdemeanor if, except as otherwise specifically provided in this chapter or without consent of all parties to the communication, the person knowingly intercepts a telecommunication or oral communication when the person is a party to the communication or with the prior consent of one of the parties to the communication, but without the approval required by RSA 570-A:2, II(d).
Mr. Mueller a) was a party to the conversation, and also b) certainly had his own prior consent. So where did the felony charge come from? How has the state managed to liberate him from his ostensibly unalienable right to self-defense for not breaking any law claiming the authority to do so?

Further still, for good measure, as for "being recorded over the phone,"

570-A:1 Definitions. – As used in this chapter: ...
IV. "Electronic, mechanical, or other device" means any device or apparatus which can be used to intercept a telecommunication or oral communication OTHER THAN:
(a) Any telephone or telegraph instrument, equipment, facility or any component thereof:
(1) Furnished to the subscriber or user by a communication carrier in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by such subscriber or user for connection to the facilities of such service and used in the ordinary course of its business in accordance with applicable provisions of telephone and telegraph company rules and regulations, as approved by the public utilities commission;
Funny the problems one can find with government behavior just by reading its own statutes, rather than simply accepting its own assertions.

A lawless government is not capable of doing a "good job." By definition.

Leaving the Weeds to Control Themselves

2012-07-16T23:17:00.002-04:00

On July 29, 2008, a violent gang, looking for malum prohibitum drugs, invaded the Berwyn Heights, Maryland, home of Cheye (pronounced "Shy") Calvo. Needless to say, violent gangs have utterly no regard for the safety or well-being or property of their victims. They want what they want, consequences and accountability and rights be damned.

This particular gang terrorized this entirely innocent family for 4 hours. They killed the family's 2 Labrador Retrievers, one while he was retreating in (particularly in hindsight, entirely) justifiable terror. Ultimately unsatisfied, they left the violated and shell-shocked family to put their lives back together. And clean up the blood. And the government sworn to protect this family's rights found nothing wrong with the physical and emotional carnage.

To be fair, though, that's because this gang, these criminals, was a SWAT team sent by government. Starting to see the motivation? Yep, collateral damage in yet still even more prohibition-related crime. In the "War on People Who Use (Some) Drugs."™ Or in this case, only on unsuspecting people, just living their lives, whom the gang thought were using "some" drugs. Although, truthfully, the more one learns about the case, the clearer it becomes that there wasn't much thinking going on at all.

Yet according to Wikipedia, over 2 years after the costly and embarrassing raid, then-Sheriff Michael A. Jackson defiantly defended his department's indefensible-in-a-free-society aggression, stating, “we'd do it again. Tonight.”

You may be next, citizen, 'cause they don't work for you. They're not accountable to you. They want what they want, consequences and accountability and rights be damned. You have the right to remain terrified. And in NH, too, your government's reaction is less than comforting.

Oh, did I mention Mr. Calvo was and is the 5-term mayor of Berwyn Heights, Maryland? Yeah, the Sheriff wasn't aware, either...

Cheye Calvo graced the NH Liberty Alliance's 2012 Liberty Dinner as the keynote speaker, 7/15/2012, on the jarringly and increasingly mundane nature of state violence. Not merely state-sanctioned. State-perpetrated. Radley Balko has done extensive reporting on this incident. The NHLA 2012 Liberty Rating should be available presently here.

Vigil to Shame a Belligerently Barbaric Bureaucrat

2012-05-26T17:28:00.000-04:00

Yes, barbaric. Democratic NH Governor John Lynch, demonstrating an ongoing breathtaking degree of callousness and abject inhumanity, is again threatening to veto access to pain medicine, despite medicinal marijuana legislation being passed -- again -- by a Republican-dominated NH House and even Senate.

The House could almost comfortably override his veto twice, but the Senate is still struggling with how much compassion is as much as they really ought to have to show, how much of the doctor-patient relationship they really need to respect, how much ownership of your own pain-riven body they should "allow" you to exert. How much you... work for them.

This 5/24/2012 evening, activists gathered in front of the NH State House for a candlelight vigil in an effort to exhort the final push to secure (only marginally, really) unmolested-by-their-servants relief for people in pain, in the form of SB409,"relative to the use of marijuana for medicinal purposes."

Now would be an excellent time to make your Senator aware that medical decisions should be a private matter between patient and doctor, not between patient and bureaucrat.

And do keep Lynch's insistent, inhumane deference to the perverse desires of an ever-increasingly unconstitutional Mordor-On-The-Potomac over your own in mind, dear taxpayer, should you ever discover he has arrogant designs on "representing" you again in some capacity. Truly, who does he think he is...?

Stop “Lynch”ing Medical Marijuana Patients
Lynch drove me out of state
Medical marijuana makes sense
Legalize the medical use of marijuana
Medicinal Marijuana Backers Hope Governor Doesn't Lynch Bill

Federally Approved Medical Marijuana Confronts NH Government

2012-05-08T21:52:00.000-04:00

Marijuana Policy Project Legislative Analyst Matt Simon and NH Common Sense Executive Director Kirk McNeil write:

You may have heard mention of a little-known federal medical marijuana program called the Compassionate Investigative New Drug (IND) Program. The program was closed to new applicants in 1992, but four patients have continued to receive shipments of medical marijuana from the federal government since that time.

The most outspoken of these four patients is a successful stockbroker, Irvin Rosenfeld. Rosenfeld will be visiting Concord Tuesday (5/8) for a 9:30 a.m. press conference and meetings with elected officials.

Rosenfeld, 59, has suffered since age 10 from a rare bone disorder known as Multiple Congenital Cartilaginous Exostosis. He recently published a book called My Medicine: How I Convinced the U.S. Government to Provide my Marijuana and Helped Launch a National Movement.

For nearly 30 years and counting, he has received approximately nine ounces per month of marijuana from the U.S. government.

Patients and supporters of SB 409 are welcome to attend and observe the press conference.

Herewith, that press conference, 5/8/2012. One mainstream media outlet eventually showed up, after formal festivities wrapped up. Better late than never, I suppose. (The legislative history to date of SB409, this year's NH medicinal marijuana bill, can be found here.)

Senator Jeb Bradley to NH police chief: "Medical marijuana works. We know it."

2012-04-28T20:17:00.000-04:00

By special request, from the NH Senate Health and Human Services Committee's 3/8/2012 public hearing on SB409, "relative to the use of marijuana for medicinal purposes," Committee Chair Senator Jeb Bradley responds to testimony by Enfield Police Chief Richard Crate. Despite the recalcitrant Chief Crate's refusal to compromise with reality, or Constitutionality, the committee subsequently voted 5-0 to recommend the bill's passage. The Senate agreed. As, following this hearing, has the House.

Hemp. Why Are We Still Talking About This?

2012-04-21T17:16:00.000-04:00

Here's what the prohibitionists keep avoiding with regard to the "broccoli vs cauliflower," "we can't tell them apart!" appearance issue of industrial hemp: it's crap. They must be high.

If you want to grow quality hemp, then your plants will be tall stalks with tiny flowers and therefore very low THC -- ideally all stalk/no bud. If you're growing pot, they'll be squat plants with large flowers and (presumably) high THC -- ideally all bud/no stalk (and let's not lose sight of the unavoidable fact that THC levels have increased directly due to the "War on People Who Use (Some) Drugs"™, for the same reason that higher-alcohol-content liquor became the bootlegger's product of choice: more bang in a smaller, more easily handled and concealable and transportable package). Anyone intent on entering either market has a considerable economic vested interest in maximizing the preferred characteristic exclusively, because the non-preferred characteristic detracts from the preferred characteristic.

The objectives of the two crops are very different. The plant-spacing of the two crops are very different. And if you were to cross-breed them (as would unavoidably happen if you tried to hide one amongst the other) in an attempt to circumvent arbitrary THC level restrictions (and also presumably attempt to split the difference in spacing requirements, as well, in your attempt to deceive), then your crop would be market-competitive -- and therefore profitable -- neither in the hemp market nor in the pot market. Your product would be rejected by your intended customers. Marketable THC and marketable fiber are incompatible and mutually exclusive -- indeed, mutually destructive. For a profitable crop, you need to pick one and actively avoid the other. The autocrats have made no attempt to debate these points. Why might that be?

Even most cops ought to be trainable to tell the difference. And even government used to understand.

Seriously. Why the hell are we still talking about this...?

Anyway, herewith, the NH Senate Judiciary Committee hearing on HB1615, "relative to industrial hemp," 4/19/2012. In toto -- it simply wasn't worth my time to excise the lone tripping opponent. (The House hearing can be found here, their Executive Session here.)

Prohibition Doesn't Work

2012-04-20T23:18:00.000-04:00

Even when it's at least implemented compliant with the rule of law, as with the tragic and doomed 18th Amendment. There are myriad economic, social, philosophical and moral reasons for anyone willing to investigate. The drug war -- or rather, "The War on People Who Use (Some) Drugs"™ -- really has to end. Sooner rather than later.

Your ever-humble chronicler has decided he needs to cease constantly dignifying the opposition with a platform for their delusions and fetishes. Unless they say something really stupid, of course... Sometimes there simply aren't "2 sides" to an issue. Flat-earthers don't get equal time. Irrational autocratic marijuana prohibitionists don't get equal time.

That said, I'm making room here for a "startling" indictment of the systemic self-serving indoctrination perpetrated by government schools. You knew they had an agenda, right? Violence, or the threat thereof, is the only tool government has, and it's teaching the children that fear of government is the source of "society."

A wise man once said

"When the government fears the people there is liberty; when the people fear the government there is tyranny."
-Thomas Jefferson-

More recently -- perhaps even within this submissive's own young life experience -- it was restated thusly:

"People should not be afraid of their governments. Governments should be afraid of their people."
-V-

The government that you pay for has informed this budding citizen that that's nonsense. Is it? Should it be...?

So herewith, just some of the most compelling and informative of the NH Senate Judiciary Committee's hearing on HB1526, "relative to possession of less than one-half ounce of marijuana," 4/19/2012, from NHCLU Executive Director, Claire Ebel, Marijuana Policy Project Legislative Analyst Matt Simon, taxpayer Willie Brown, and Rep. Seth Cohn.