HB1375 (2012) Detail

Relative to access to firearms by persons convicted of nonviolent felonies.


HB 1375 – AS INTRODUCED

2012 SESSION

12-2324

08/10

HOUSE BILL 1375

AN ACT relative to access to firearms by persons convicted of nonviolent felonies.

SPONSORS: Rep. Manuse, Rock 5; Rep. Cohn, Merr 6; Rep. Warden, Hills 7; Rep. Swinford, Belk 5; Rep. Rowe, Hills 6; Rep. Sorg, Graf 3; Rep. Itse, Rock 9; Rep. Lambert, Hills 27

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill allows persons convicted of nonviolent felonies to purchase and keep firearms.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2324

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to access to firearms by persons convicted of nonviolent felonies.

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

1 Convicted Felons of Violent Crimes; Access to Firearms. Amend RSA 159:3 I-I-a to read as follows:

I. A person is guilty of a class B felony if he or she:

(a) Owns or has in his or her possession or under his or her control, a pistol, revolver, or other firearm, or slingshot, metallic knuckles, billies, stiletto, switchblade knife, sword cane, pistol cane, blackjack, dagger, dirk-knife, or other deadly weapon 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

(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] a felony which is a violent crime as defined by RSA 651:5, XIII.

I-a. A person is guilty of a class B felony if such person completes and signs an application for purchase of a firearm and the person is a convicted felon of a violent crime as defined by RSA 651:5, XIII under the provisions of paragraph I.

2 Sales of Firearms to Felons. Amend RSA 159:7 to read as follows:

159:7 Sales to Felons. No person shall sell, deliver, or otherwise transfer a pistol, revolver or any other firearm, to a person who has been convicted, in any jurisdiction, of a felony which is a violent crime as defined by RSA 651:5, XIII. Whoever violates the provisions of this section shall be guilty of a class B felony.

3 License to Sell Firearms. Amend RSA 159:8, III to read as follows:

III. No pistol, revolver, or other firearm shall be delivered to a purchaser not personally known to the seller or who does not present clear evidence of his or her identity; nor to a person who has been convicted of a felony which is a violent crime as defined by RSA 651:5, XIII.

4 Effective Date. This act shall take effect January 1, 2013.