Bill Text - HB334 (2012)

(New Title) relative to the state’s authority to prohibit or regulate firearms, firearms components, ammunition, firearms supplies, and knives.


Revision: Jan. 5, 2012, midnight

HB 334 – AS INTRODUCED

2011 SESSION

11-0031

04/05

HOUSE BILL 334

AN ACT relative to the state’s authority to prohibit or regulate firearms, firearms components, ammunition, or firearms supplies.

SPONSORS: Rep. Cunningham, Sull 2; Rep. Hoell, Merr 13; Rep. Cataldo, Straf 3; Rep. Chandler, Carr 1; Rep. Baldasaro, Rock 3; Sen. Boutin, Dist 16; Sen. Gallus, Dist 1

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill provides that all delegations of the state’s authority to prohibit or regulate the purchase, ownership, use, possession, transportation, licensing or permitting, taxation, or other matters pertaining to firearms, firearms components, ammunition, or firearms supplies shall be by statute only.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0031

04/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to the state’s authority to prohibit or regulate firearms, firearms components, ammunition, or firearms supplies.

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

1 Firearms and Ammunition; Authority of the State. RSA 159:26 is repealed and reenacted to read as follows:

I. The general court shall have exclusive authority and jurisdiction by statute over the sale, purchase, ownership, use, possession, transportation, licensing or permitting, taxation, or other matters pertaining to firearms, firearms components, ammunition, or firearms supplies in the state. Notwithstanding any other provision of law to the contrary, all delegations of legislative authority shall be by statute and shall explicitly state the extent and limits of the jurisdiction or authority delegated. Except as otherwise specifically provided in statute, no ordinance, regulation, rule, or policy of an agency, political subdivision, committee, or other governmental unit of the state, or agent thereof may prohibit or regulate in any way the sale, purchase, ownership, use, possession, transportation, licensing or permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, or firearms supplies in the state.

II. No public or private entity shall prohibit the possession of firearms on any property owned, in whole or in part, by the state, or an agency, political subdivision, committee, or other governmental unit thereof, unless expressly authorized in statute.

III. Upon the effective date of this section, all ordinances, regulations, rules, and policies not authorized under paragraphs I or II shall be null and void.

2 Effective Date. This act shall take effect upon its passage.