Update: Gun Violence Prevention, Paid Family Leave, and More
This week, the New Hampshire House of Representatives acted on hundreds of bills. Here’s a quick summary of some of the key votes. (I voted with the majority, except where as noted).
Gun violence continues to exact a high toll both across our state and across the world. In Alton, an 11-year old juvenile has been charged with murder after two adults were found shot in a home. Meanwhile in Christchurch, New Zealand, 50 people were shot dead in an attack in a mosque, prompting that country to ban assault weapons and high-capacity magazines within days of the attack. This week, there was better news from the House, where two gun violence prevention measures won approval. In votes that generally went along party lines, the House voted 203-148 to pass HB-109–a bill that closes the “private sale exemption” for background checks—and voted 199-147 to pass HB-514, which imposes a 7-day waiting period between the purchase and delivery of most firearms. These bills will reduce the risk of gun violence in our state by making it harder for felons, domestic abusers, and other prohibited parties to obtain firearms and by giving people considering an impulsive act like suicide more time to get help. Both bills now move to the Senate. (Note: I made a floor speech in support of the background checks bill and the full text is at the bottom of this post.)
By a 219-142 vote, the House approved a paid family and medical leave bill on Wednesday, sending it to Republican Gov. Chris Sununu, who remains opposed to it and favors a competing plan that has yet to be submitted to the legislature. SB-1 offers coverage paid for by payroll deductions (like other forms of insurance). The program would provide temporary, partial wage replacement (60% of wages) for up to 12 weeks to care for an ill or aging family member or to bond with a newborn.
Relief may finally be on the way for families living near the Coakley Landfill. HB-494, which I cosponsored, passed 230-98. It declares the site an “imminent hazard” and directs the Department of Environmental Services to accelerate and expedite more effective removal of contaminants entering Berry’s Brook from the Coakley Landfill.
A bill legalizing sports betting (HB-480) passed 269-82. Although it would bring in $10 million in new revenue by 2021 and wouldn’t allow betting on high school and college sports, I opposed the bill because of the high social toll compulsive gambling takes on families.
HB-378, a bill that would have raised New Hampshire’s minimum marriage age from 16 to 18, was tabled for this year so additional work can be done on it in time for it to be reintroduced as a stronger bill next year. I supported the motion to table.
We took steps to enact some of the most important elements of the Affordable Care Act into New Hampshire law, where they would no longer be subject to repeal of the ACA itself at the national level. HB-233 passed 207-140 and reinforces the following provisions into state law: the ACA’s 10 Essential Health Benefits, guaranteed issue of coverage regardless of pre-existing condition, no lifetime caps, and no discrimination on premium costs based on age. This bill provides a stable market for insurers and more security for Granite Staters.
Two bills restricting the distribution of single use plastics also won approval. HB-558 passed 196-146 and would restrict the distribution of plastic straws, but would not penalize establishments continuing to provide them to customers. HB-560 passed 201-145 and restricts the distribution of single-use plastic bags on a statewide basis. Bills in previous sessions of the legislature had focused on enabling individual communities to make this decision, but all of these efforts failed. The new bill ensures a consistent approach statewide. Both bills now move on to the Senate.
Several important renewable energy bills also won House approval. HB-365 would raise the capacity limit for parties generating their own electricity who are eligible for net metering rates from 1 MW to 5 MW. This would allow businesses, towns, school districts, and other large energy consumers to reduce their energy bills. It would also allow cities like Portsmouth to develop larger renewable energy projects on municipally-owned land and buildings. A similar bill, HB-466, increases the net metering limit for small residential customer/generators from 100 to 500 kilowatts.
Several bills related to driver’s licenses also passed. HB-397 (passed 204-137) makes it possible for people who don’t have a Social Security number to obtain a drivers license. Currently, an estimated 15,000 undocumented people living in the state can’t obtain a license, but some choose to drive illegally. Possession of a license would not change their citizenship status in any way. But it would make our roads safer by ensuring they have knowledge of our driving laws and have demonstrated proficiency in operating a vehicle—which is why I supported it. Additionally, we approved a bill strongly supported by our LGBTQ community. HB-669 allows residents who don’t identify as male or female to opt for an “X” gender indentifier.
Meuse Floor Speech Supporting HB-109: Universal Background Checks
Thank you Mr. Speaker and members of the House. I rise today in support of HB-109.
This legislation would close a gaping loophole in our current system. Today, when you by a firearm from a federally licensed firearms dealer in New Hampshire, federal law requires a background check to be conducted. The goal of a background check is pretty simple: it’s to make sure that convicted felons, domestic abusers, and other people banned by law from owning firearms can’t simply walk into a gun shop, lay down a credit card, and walk out with a weapon that makes it easier for them to commit a crime or murder an innocent person.
Background checks reduce the risk that a person who should NOT have access to a firearm can get access to a firearm. Background checks are also what we mean when we say things like “with rights come responsibilities”.
Unfortunately there’s a gap in our current system that you can drive a truck through. It’s called “the private sale exemption” and to date 19 other states have taken responsibility to close it.
Under federal law, only licensed firearms dealers making commercial sales are required to conduct a background check prior to sale of a firearm. Private. sales and transfers between private parties are exempt. So when an unlicensed private seller decides to sell a firearm and finds a buyer, the sale can often be completed in minutes—with no background check required.
What this loophole does in a state that doesn’t act to close it is to make it possible for felons, domestic abusers, and other prohibited parties to obtain a weapon without going through a background check. All you need is to find a willing seller and—no matter what you’ve done or how many people you’ve hurt or threatened—and you can get a gun: even though you’d fail a background check if you have to go through a federally licensed firearms dealer.
So here’s the thing to keep in mind. This bill is targeted precisely at people whose behavior has disqualified them from purchasing a weapon. It simply requires private sellers to work through a federally licensed firearms dealer to get a background check on a purchaser before the weapon can be exchanged.
That’s how it works when you purchase a gun at a gun shop now. But the simple reality is not all firearms sales take place in a gun shop and not every potential customer is a law abiding citizen.
Something else to keep in mind is this bill only applies to commercial sales. So what’s a commercial sale? It’s a sale, transfer, or exchange of a firearm that takes place at a gun show or over the Internet a result of an ad, a posting, a listing, or a display. The bottom line is if the seller doesn’t advertise the firearm for sale, they won’t be subject to the background check before transfer. In fact, HB-109 specifically states:
This chapter shall not apply to a noncommercial, private sale, transfer, or exchange of a firearm between individuals, provided neither party to the transaction is a prohibited person.
So contrary to what you may have heard, passing this bill does NOT mean a father would have to get a background check before giving a firearm to his son. It also doesn’t mean a firearms trainer conducting a class would have to get a background check on a student before lending him or her a firearm.
During testimony, we heard concerns from gun owners about the inclusion of “transfers” in addition to sales. So what’s a “transfer”? A commercial transfer happens when a firearm is exchanged or bartered for other goods or services as the result of an ad, a posting, a listing, or a display. The inclusion of transfers closes a potential loophole that might make it easy for someone caught selling a commercially advertised firearm without a background check “a transfer” instead of a sale or commercial exchange.
According to Politifact, 86-94% of those polled nationally support laws like HB-109 requiring universal background checks. 70-80% of NRA members also indicated their support.
In 2016, so did Gov. Sununu in a debate prior to his election. So let’s give the governor the opportunity to reduce the risk of a deadly weapon falling into the wrong hands. When the time comes, please press the green button and show the world that here in New Hampshire we believe in our rights. But we also believes that with those rights comes the responsibility to protect public safety.