Revision: Feb. 3, 2011, midnight
HB 536-FN – AS INTRODUCED
2011 SESSION
04/03
HOUSE BILL 536-FN
AN ACT relative to the natural right to carry a firearm, openly or concealed, without a license.
SPONSORS: Rep. Hoell, Merr 13; Rep. Burt, Hills 7; Rep. Cunningham, Sull 2; Rep. Itse, Rock 9; Sen. Forsythe, Dist 4; Sen. Bradley, Dist 3; Sen. White, Dist 9; Sen. Lambert, Dist 13; Sen. De Blois, Dist 18
COMMITTEE: Criminal Justice and Public Safety
This bill:
I. Provides that any person present in this state, and not incarcerated in a prison, jail, or other secure facility, or who is not otherwise prohibited from possessing a firearm under RSA 159:3, shall have the natural right to possess or carry, whether openly or concealed, or use, acquire, purchase, inherit, sell, give, dispose of, or receive any firearm without a license, permit, or restriction of any kind from or by any government agency.
II. Establishes a criminal penalty for interference with the right to carry.
III. Provides that obtaining a license to carry a pistol or revolver shall be voluntary, shall be granted to any suitable person, and shall only be denied, suspended, or revoked upon proof of just cause beyond a reasonable doubt.
IV. Requires the director of the division of state police to negotiate and enter into agreements with other jurisdictions to recognize in those jurisdictions the validity of the license to carry issued in this state.
V. Repeals the criminal penalty for selling, possessing with intent to sell, or carrying on one’s person any blackjack, slung shot, or metallic knuckles.
VI. Repeals the prohibition on carrying a pistol, revolver, firearm, or other deadly weapon in a courtroom or other area used by a court.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0709
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the natural right to carry a firearm, openly or concealed, without a license.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Title. This act shall be known as the Constitutional Carry Act of 2011.
2 Purpose. The General Court finds that the laws in existence regulating firearms ownership, possession, and use, do nothing to prevent crime, and only interfere with the natural rights of law abiding citizens. The General Court also finds that citizens engaged in practices currently lawful under New Hampshire laws, such as open or concealed carry of a firearm, have been subjected to harassment by law enforcement. Therefore the General Court finds it necessary to codify the inherent right to such practices. The General Court also reiterates that the right to self-defense is an inherent natural right and is stated in Part First, Articles 2 and 2-a, and shall not be abridged in any manner.
3 Right to Carry. RSA 159:4 is repealed and reenacted to read as follows:
159:4 Right to Carry. Notwithstanding any other provision of law to the contrary, every person present in this state, and not incarcerated in a prison or jail or under court order to be in a mental institution or who is not otherwise prohibited from possessing a firearm under RSA 159:3 shall have an affirmative right to keep and bear arms, such right includes but is not limited to: carrying openly or concealed, carrying loaded or unloaded, possession, use, acquiring, purchasing, transferring, inheriting, buying, selling, giving, or otherwise disposing of or receiving any firearm or self-defense weapon or tool without any license, permission, or restriction of any kind from or by any government agency.
4 Interfering with the Right to Carry. RSA 159:5 is repealed and reenacted to read as follows:
159:5 Interfering With the Right to Carry, Display, or Possess.
I. As used in this section, “public official” shall mean any person holding an office of public trust, whether appointed or elected, or any person employed by the federal government, or the State of New Hampshire or any political subdivision thereof.
II. Interfering with the right to carry shall include but is not limited to:
(a) Arresting or attempting to arrest any person for the lawful possession of any firearm, self-defense tool or weapon, whether or not such person possesses a license under RSA 159:6;
(b) Stopping, restraining, detaining, or otherwise harassing any person for carrying a firearm or self-defense tool or weapon, whether openly or concealed, whether or not such person possesses a license under RSA 159:6;
(c) Denial, suspension, or revocation of any license or application for a license under RSA 159:6 without just cause as defined in RSA 159:6-b; or
(d) Any violation of RSA 159:6 through RSA 159:6-d
5 Pistols and Revolvers; License to Carry. Amend RSA 159:6 to read as follows:
159:6 Optional License to Carry.
I. The selectmen of a town or the mayor or chief of police of a city or some full-time police officer designated by them respectively, upon application of any resident of such town or city, or the director of state police, or some person designated by such director, upon application of a nonresident, shall issue a license to such applicant authorizing the applicant to carry a loaded pistol or revolver in this state for not less than [4] 10 years from the next anniversary of the applicant’s date of birth following the date of issue, if [it appears that the applicant has good reason to fear injury to the applicant’s person or property or has any proper purpose, and that] the applicant is a suitable person to be licensed. [Hunting, target shooting, or self-defense shall be considered a proper purpose.] Any person not prohibited from possessing a firearm under RSA 159:3 shall be deemed a suitable person. The license shall be valid for all [allowable] lawful purposes [regardless of the purpose for which it was originally issued]. The license shall be in duplicate and shall bear the name, address, description, and signature of the licensee. The original shall be delivered to the licensee and the duplicate shall be preserved by the people issuing the same for [4] 10 years. [When required, license renewal shall take place within the month of the fourth anniversary of the license holder’s date of birth following the date of issuance.] The license shall be issued within 14 calendar days after application, and, if such application is denied, the reason for such denial shall be stated in writing, the original of which such writing shall be delivered to the applicant, and a copy kept in the office of the person to whom the application was made. The issuing authority shall be required to prove beyond a reasonable doubt that an applicant is not a suitable person under this section. The fee for licenses issued to residents of the state shall be $10, which fee shall be for the use of the law enforcement department of the town or city granting said licenses; the fee for licenses granted to out-of-state residents shall be [$100] $20, which fee shall be for the use of the state. The director of state police is hereby authorized and directed to prepare forms for the licenses required under this chapter and forms for the application for such licenses and to supply the same to officials of the cities and towns authorized to issue the licenses. The form shall request no more information than was requested and require no more information than was required on the State of New Hampshire application for resident pistol/revolver license, form DSSP 85, as revised in December 2009. No other forms shall be used by officials of cities and towns. The cost of the forms shall be paid out of the fees received from nonresident licenses.
II. No photograph or fingerprint shall be required or used as a basis to grant, deny, or renew a license to carry for a resident or nonresident, unless requested by the applicant.
III. Nothing in this section shall be construed to require that any person obtain a license under this section. Obtaining a license under this section is optional, but the voluntary nature of the license shall not be construed to relieve the issuing authority of the burden of proof for denying an application for a license. Issuance of a license under this section by law enforcement authorities shall be a per se determination that law enforcement authorities have verified that the individual is qualified under the law. Nothing in this paragraph shall prohibit a qualified applicant from obtaining a license from the selectmen of a town or the mayor of a city.
IV. The license issued under this section to a licensee who relocates from the city or town in which the license was issued, or who relocates from or becomes a resident of another state, shall remain valid until the expiration date on the license, and the licensee shall be under no obligation to obtain a new license or to notify the issuing authority in the licensee’s new place of residence.
6 Pistols and Revolvers; Suspension or Revocation. Amend RSA 159:6-b to read as follows:
159:6-b Suspension or Revocation of License.
[I.] The issuing authority may order a license to carry a loaded pistol or revolver issued to any person pursuant to RSA 159:6 to be suspended or revoked for just cause, provided written notice of the suspension or revocation and the reason therefore is given to the licensee. [A licensee whose license has been suspended or revoked shall be permitted a hearing on such suspension or revocation if a hearing is requested by the licensee to the issuing authority within 7 days of the suspension or revocation
II. When the licensee hereunder ceases to be a resident of the community in which the license was issued he shall notify in writing the issuing authority at his new place of residence that he has a current license. Such license shall remain in effect until it expires pursuant to RSA 159:6.] In this section, “just cause” shall mean a person who is not a suitable person pursuant to RSA 159:6, I.
7 Pistols and Revolvers; Appeal From Suspension or Denial. Amend RSA 159:6-c to read as follows:
159:6-c Appeal From Denial, Suspension, or Revocation. Any person whose application for a license to carry a loaded pistol or revolver has been denied pursuant to RSA 159:6 or whose license to carry a loaded pistol or revolver has been suspended or revoked pursuant to RSA 159:6-b may, within 30 days thereafter, petition the superior or district [or municipal] court in the jurisdiction in which such person resides to determine whether the petitioner is entitled to a license. The court shall conduct a hearing within 14 calendar days after receipt of the petition. The issuing authority shall afford discovery to the licensee or applicant at least 5 days prior to the hearing. During this hearing the burden shall be upon the issuing authority to demonstrate [by clear and convincing proof] beyond a reasonable doubt why any denial, suspension, or revocation was justified, failing which the court shall enter an order directing the issuing authority to grant or reinstate the petitioner’s license. The court shall immediately issue a warrant for the arrest of the person responsible for the denial in violation of RSA 159:5, II(c). The court shall issue its decision not later than 14 days after the hearing on whether the petitioner is entitled to a license.
8 Pistols and Revolvers; Reciprocity. RSA 159:6-d is repealed and reenacted to read as follows:
159:6-d Reciprocity. The director of the division of state police shall negotiate and enter into reciprocal agreements in other jurisdictions to recognize in those jurisdictions the validity of the license issued under RSA 159:6. The director shall apply to every jurisdiction with which New Hampshire does not currently have a reciprocity agreement, at least once every 5 years to obtain recognition in those jurisdictions of the license issued under RSA 159:6. Any such agreement executed shall not expire unless an expiration date is required under the statutes of the reciprocal jurisdiction.
9 Abuse of Office; Official Oppression. Amend RSA 643:1 to read as follows:
643:1 Official Oppression.
I. A public servant, as defined in RSA 640:2, II, is guilty of a misdemeanor if, with a purpose to benefit himself or another or to harm another, he knowingly commits an unauthorized act which purports to be an act of his office; or knowingly refrains from performing a duty imposed on him by law or clearly inherent in the nature of his office.
II.(a) Any public official as defined in RSA 159:5 who interferes with the right to carry as provided in RSA 159:5 shall be guilty of a class A misdemeanor, and shall be personally liable for attorney’s fees and costs incurred in an action to enforce the provisions of RSA 159:5.
(b) No public funds, except for the public defender’s office or, in the event of a conflict rendering the public defender unable to represent the defendant, appointed counsel acting on behalf of the public defender shall be used to defend any individual prosecuted under this paragraph.
(c) A public official convicted under this paragraph shall not be qualified to hold an office of public trust in this state.
10 Repeal. The following are repealed:
I. RSA 159:8, relative to the license to sell pistols and revolvers at retail.
II. RSA 159:8-a, relative to sales of pistols or revolvers to nonresidents.
III. RSA 159:8-b, relative to penalties for sales of pistols and revolvers to nonresidents.
IV. RSA 159:10, relative to the penalty for sales of pistols and revolvers without a license.
V. RSA 159:16, relative to carrying or selling weapons.
VI. RSA 159:19, relative to the prohibition on carrying a pistol, revolver, firearm, or other deadly weapon in a courtroom or other area used by a court.
VII. RSA 215-A:20, relative to the prohibition on carrying a loaded firearm on an off-highway recreational vehicle.
11 Effective Date. This act shall take effect upon its passage.
LBAO
11-0709
01/19/11
HB 536-FN - FISCAL NOTE
AN ACT relative to the natural right to carry a firearm, openly or concealed, without a license.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill at this time. When completed, the fiscal note will be forwarded to the House Clerk's Office.