Gun Rights In The New Hampshire House Of Representatives

The New Hampshire Supreme Court reversed the dismissal of a complaint

The appellant, John Burt, a member of the New Hampshire House of Representatives, appeals an order of the Superior Court (Kissinger, J.) dismissing his complaint against Stephen Shurtleff, in his official capacity as the Speaker of the New Hampshire House of Representatives. In the complaint, the appellant, together with co-plaintiffs Kevin Craig, Alicia Lekas, Tony Lekas, and Hershel Nunez, each a member of the New Hampshire House of Representatives, alleged that House Rule 63 — which, with limited exceptions, prohibits the carrying or possession of any deadly weapon in Representatives Hall, as well as in the anterooms, cloakrooms, and House gallery — violates their fundamental rights under Part I, Article 2-a of the New Hampshire Constitution.

The trial court had dismissed on separation of powers grounds

The trial court concluded that, “[a]s an independent and coequal branch of government, the legislature holds the inherent power to control the wearing of firearms within their chambers. This Court will not encroach on the legislature’s inherent authority to enact such rules.”

The court on remand must address the constitutional challenge

Finally, the Speaker urges us to reject the constitutional challenge, arguing that House Rule 63 is constitutional because it “merely imposes a reasonable restriction on deadly weapons in the House chamber.”

…Here, the trial court did not address the merits of the constitutional challenge. We express no opinion as to that issue, and remand for further proceedings consistent with this opinion.

(Mike Frisch)