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![handle is hein.sag/sagnh0056 and id is 1 raw text is: ATTORNEY GENERAL
DEPARTMENT OF JUSTICE
33 CAPITOL STREET
CONCORD, NEW HAMPSHIRE 03301-6397
JOHN M. FORMELLA JAMES T. BOFFETTI
ATTORNEY GENERAL DEPUTY ATTORNEY GENERAL
ATTORNEY GENERAL OPINION NO. 2022-01
September 1, 2022
Robert L. Quinn, Commissioner
New Hampshire Department of Safety
James H. Hayes Safety Building
33 Hazen Drive
Concord, NH 03305
RE: Guidance on RSA Chapter 159-E (HB 1178)
Dear Commissioner Quinn:
You have requested that the Department of Justice (DOJ) provide a legal opinion regarding
the scope and meaning of the bill commonly referred to as HB 1178 (2022). This letter responds
to that request. To assist law enforcement with the day-to-day implementation of HB 1178, the
DOJ has also provided guidance to all State and local law enforcement officers in the form of
Frequently Asked Questions (FAQs). These FAQs have been posted to the DOJ's website and
will be updated periodically to respond to additional questions that may arise. While these FAQs
are intended to be the primary tool for guiding law enforcement officers and the public in the
implementation of HB 1178, this opinion letter provides the legal analysis that underlies the
answers to those FAQs.
INTRODUCTION
HB 1178 enacts RSA Chapter 159-E. It contains two substantive sections. The first, RSA
159-E:1, provides that any political subdivision of this state, or any person acting under the color
of state, county, or municipal law shall be prohibited from using any personnel or financial
resources to enforce, administer, or cooperate with any law, act, rule, order, or regulation of the
United States Government or Executive Order of the President of the United States that is
inconsistent with any law of this state regarding the regulation of firearms[.] The second section,
RSA 159-E:2, enumerates a number of exceptions to the above general rule. Analysis of each
section follows.
Telephone 603-271-3658 FAX 603-271-2110 * TDD Access: Relay NH 1-800-735-2964](ViewImageLocal?handle=hein.sag/sagnh0056&div=1&collection=&method=preview&ext=.png&size=3)