These two bills (current) together would (hopefully) prevent use of the NH National Guard from acting
against the populace in case the US military attempts to block implementation of secession.
HR states that the militia is the best defense of the state, it does not exclude defense against the US
HR 21 affirms that “The militia remains the proper, natural, and sure defense of the State of New Hampshire.”
The second would prevent the use of the NH National Guard unless Congress actually declares war.
In order to prevent the NH NG from confronting the US military Congress would have to explicitly call
up the NH NG for combat duty. Declaring war on the state of NH would essentially be an affirmation
that NH has indeed become a foreign country. The US would have to call up the NH NG before
secession, which means that some war would have to have been declared prior to secession,
because after secession the US would have no hold on the new nation of New Hampshire.
HB229 - “Notwithstanding any other provisions of New Hampshire law, the New Hampshire national guard and any member thereof shall not be released from the state into active duty combat unless the United States Congress has passed an official declaration of war or has taken an official action pursuant to Article I, Section 8, Clause 15 of the United States Constitution to explicitly call forth the New Hampshire national guard and any member thereof for the enumerated purposes to expressly execute the laws of the union, repel and invasion, or suppress an insurrection. The governor shall take all actions necessary to comply with the requirements of this section.”