A man who was doing nothing more than carrying a switchblade knife has been arrested for being a felon in possession of a deadly weapon. This comes right after the wonderful Rep. Jennifer Coffey (a FSP participant) was victorious in seeing that mere possession of a switchblade knife by anyone not branded a felon is now legal in New Hampshire. Of course, if you’re a felon, you are a second class citizen essentially for life. You can achieve said second class citizen-ness for simply holding (and never using) a chemical substance in your hand… a trivial act which harms no one.
New Hampshire has one of the strictest (and arguably one of the most confusing) laws regarding felons being in possession of a deadly weapon. Under the law a felon could lawfully possess a crossbow while at the same time be tossed in prison for seven years for cutting steak with a dull steak knife. I shall explain:
RSA 159:3 Convicted Felons
I. A person is guilty of a class B felony if he:
(a) Owns or has in his possession or under his control, a pistol, revolver, or other firearm, or slungshot, metallic knuckles, billies, stiletto, switchblade knife, sword cane, pistol cane, blackjack, dagger, dirk-knife, or other deadly weapon (ANY knife) as defined in RSA 625:11, V; and
(b) Has been convicted in either a state or federal court in this or any other state, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States of:
(1) A felony against the person or property of another; or
(2) A felony under RSA 318-B; or   <—————- hold a chemical substance other than Marijuana in your hand here in NH.
(3) A felony violation of the laws of any other state, the District of Columbia, the United States, the Commonwealth of Puerto Rico or any territory or possession of the United States relating to controlled drugs as defined in RSA 318-B. <—————- hold a chemical substance other than Marijuana in your hand somewhere else in the United States.
The law defining a deadly weapon reads:
V. “”Deadly weapon” means any firearm, knife or other substance or thing which, in the manner it is used, intended to be used, or threatened to be used, is known to be capable of producing death or serious bodily injury.
So a firearm and a knife are always a deadly weapon. What are sometimes deadly weapons are other things which your intent, threats, or manner of their use makes them a deadly weapon. My non-lawyerly interpretation of this leads me to believe that if you’re a felon you can have a crossbow in your house so long as your manner and intent is to use it for target practice. Of course if eating dinner before going outside to shoot said crossbow required a cutting tool you are subject to being tossed in prison.
The silliness of this whole concept is precisely while Malum prohibitum laws need to be tossed for good. My favorite Malum Prohibitum law of all time has got to be NH RSA 184:30-d. Don’t screw with it… you’ll be subject to a year in jail.
(oh, and technically, President Barack Obama is a felon who cannot possess a steak knife here in New Hampshire)
