Strong Preemption Bill Passes Lower Chamber in New Hampshire

AP Photo/Seth Perlman, File

Firearm preemption laws protect citizens from having their rights subverted by local governments. A preemption bill just passed the lower chamber in New Hampshire and will strengthen those important protections.

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House Bill 609 in New Hampshire is a bill that will create one of the strongest preemption laws in the nation. The bill is described as “AN ACT relative to the general court's authority over the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, and other matter pertaining to firearms, stun guns, Tasers, pepper spray devices, knives and other self-defense tools.” An amended version of the bill passed the House on Jan. 7.

The preemption bill defines that it’s the exclusive authority of the "general court,” or state legislative body — composed of a House of Representatives and Senate — to regulate laws pertaining to firearms.

The “general court of New Hampshire shall have exclusive 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, stun guns, Tasers, pepper spray devices, [or] knives, or other self-defense tools in the state,” text of the bill states. “Except as otherwise specifically provided by state statute, no ordinance, rule, or regulation of a political subdivision or agency 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.”

The bill stipulates that the measure would not preclude political subdivisions from enacting zoning rules or laws. HB 609 also gives anyone injured by an illegal law or ordinance a vehicle to be ameliorated by petitioning “the superior court under RSA 91-A:7” with “remedies under RSA 91-A:8.”

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During a commentary period from the floor there were two lawmakers who spoke about HB 609.

Representative David Meuse, D-37, spoke against the measure. Meuse took exception with preemption expanding “the list of items that can't be regulated to include stun guns, tasers, pepper spray devices and what it ambiguously refers to as other self-defense tools.” He further described the bill as a mechanism that would create a “very real potential for more mayhem and violence in many more places ...”

Representative Terry Roy, R-31, disputed what Meuse had to say and spoke in favor of the measure. Roy serves as the chairman of the House Criminal Justice and Public Safety Committee and is a self-described “lifelong defender of Second Amendment rights.”

“Everything that my colleague said for the last 30 seconds is incorrect,” Roy opened with. Roy took to the floor to say Meuse created a “straw man” and that his statements were not true.

“Let's get to the real heart of the matter,” Roy said. “Can we carry firearms in this room? Yes. Are we better than the rest of our citizens? No. Then why do they have to be stripped of their self-defense to go to the Registry of Motor Vehicles? To go to any other facility that we don't specifically list as a sensitive place?”

Roy reiterated that HB 609 would place the power to regulate these so-called “sensitive locations" and impose regulations with the elected legislative body and not with any bureaucrat. 

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“But we should not have a blanket ability for some unelected bureaucrat to decide no one's going to have firearms in my building — their rights are restricted,” Roy continued. “So long as we can carry weapons here to defend ourselves, the people we represent should be able to do the same darn thing wherever they go in this state.”

In a statement sent to Bearing Arms via email, Roy reiterated  many of the comments he made from the floor. Roy describes HB 609 as an essential reaffirmation of New Hampshire General Court’s “exclusive authority” over self-defense tools and firearms. The protections offered by the preemption proposal include keeping “local ordinances or agency policies" from overriding state law pertaining to the sale, purchase, ownership, use, possession, transportation, licensing, permitting, and taxation of the listed items.

Roy noted that his speech on Jan. 7 "highlighted the inconsistency in [the] current system,” observing that those inconsistencies are wrong. “We, as representatives, can carry firearms in the State House for our protection, while a law-abiding citizen visiting the DMV or other public buildings might be prohibited from doing the same,” Roy stated.

“The American Citizen agrees to live under a system of laws that are guided by the Constitutions of our Nation and State,” said Roy. “Laws that restrict fundamental rights must pass strict scrutiny and serve an overwhelming public interest. These laws are made by the direct representatives of the people, who can debate them and examine their need and balance those needs against the rights of the people. Rights that we have only the slimmest of abilities to interfere with.

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“Then, if we overstep, the people have recourse to the courts. Now, compare that to an appointed agency head who decides the 1.4 million people of New Hampshire cannot enjoy their God-given rights in her agency buildings. Building that law mandates that they enter for one reason or another. Be it a DMV or a town hall. That is not strict scrutiny. That is strict tyranny and I for one will have none of it.”

The representative lauded the efforts of the National Rifle Association and celebrated partnering with them on such bills. He said that he worked closely with NRA Institute for Legislative Action State Director Joe Loporto on HB 609.

Roy said that the NRA is “the only 2A group that keeps an eye on Washington and Concord, making sure there is no disconnect between the two and they are the only 2A group in this state that tells it like it is and doesn't try to scare people to drive up membership donations.”

John Commerford serves as the executive director of the NRA-ILA. Commerford offered the following comments to Bearing Arms about HB 609.

"Strong preemption laws protect lawful citizens from a confusing patchwork of local gun laws that disarm and ensnare law-abiding citizens," said Commerford. "As progressive politicians at all levels of government attempt to strip Second Amendment rights of their constituents, pro-gun lawmakers in New Hampshire continue to work diligently to pass legislation that safeguards the God-given rights of Granite Staters."

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HB 609 passed in the New Hampshire House on January 7, 2026 with a 193 to 151 vote. The bill must move to the Senate next. If passed by the Senate, the bill will move onto Republican Governor Kelly Ayotte’s desk for potential enactment.

If this bill in the Granite State becomes law, it very well could be one of the strongest preemption laws in the nation. The assertion of the legislative powers on these topics would narrow the abilities of agencies or municipalities to infringe on the Second Amendment right of the citizens. We’ll be watching the progress of this legislation in New Hampshire and be reporting back with any updates.

Editor’s Note: The radical left will stop at nothing to enact their radical gun control agenda and strip us of our Second Amendment rights.

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