Bill Text - HB454 (2005)

Relative to carrying a concealed weapon without a license.


Revision: Jan. 21, 2010, midnight

HB 454 – AS INTRODUCED

2005 SESSION

05-0215

04/10

HOUSE BILL 454

AN ACT relative to carrying a concealed weapon without a license.

SPONSORS: Rep. Marple, Merr 9

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill repeals certain statutes that require a license to carry a pistol or revolver. This bill also provides that under the Full Faith and Credit clause of the United States Constitution, New Hampshire residents shall not be required to obtain a license to carry a concealed weapon in any other state or territory of the United States.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-0215

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to carrying a concealed weapon without a license.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Full Faith and Credit Clause; Prohibition on License Requirement in Other States or Territories. Under Article IV, section 1 of the United States Constitution, the Full Faith and Credit clause provides that full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. Upon the effective date of this act, the Full Faith and Credit clause thereby prohibits another state or territory from requiring that a New Hampshire resident obtain a license to carry a concealed weapon when traveling in such other state or territory. As such, no New Hampshire resident shall be required to obtain a license to carry a concealed weapon in any other state or territory of the United States.

2 Pistols and Revolvers; Exceptions. Amend RSA 159:5 to read as follows:

159:5 Exceptions. The provisions of RSA 159:3 [and 4] shall not apply to marshals, sheriffs, policemen or other duly appointed peace and other law enforcement officers, or bailiffs and court officers responsible for court security; nor to the regular and ordinary transportation of pistols or revolvers as merchandise, nor to members of the armed services of the United States when on duty; nor to the national guard when on duty; nor to organizations by law authorized to purchase or receive such weapons; nor to duly authorized military or civil organizations when parading, or the members thereof when at, or going to or from, their customary places of assembly.

3 Repeal. RSA 159:4, relative to the prohibition on carrying a pistol or revolver without a license, is repealed.

4 Effective Date. This act shall take effect January 1, 2006.