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STATE v. SMITH

No. 89-218.

132 N.H. 756 (1990)

THE STATE OF NEW HAMPSHIRE v. SCOTT J. SMITH

Supreme Court of New Hampshire.

March 9, 1990.

Attorney(s) appearing for the Case

John P. Arnold, attorney general (William H. Lyons, assistant attorney general, on the brief and orally), for the State.

James E. Duggan, chief appellate defender, of Concord, by brief and orally, for the defendant.

JOHNSON. J.

Before trial on a charge of being a felon in possession of a firearm, RSA 159:3 (Supp. 1988), defendant filed a motion to dismiss, arguing that the adoption of part I, article 2-a of the New Hampshire Constitution conferred the right to bear arms on all citizens, and therefore rendered RSA 159:3 (Supp. 1988) unconstitutional. The Superior Court (Mohl, J.) denied his motion, and defendant was convicted on stipulated facts by the Court (

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