Revision: Jan. 6, 2012, midnight
HB 334 – AS AMENDED BY THE HOUSE
4Jan2012… 2563h
2011 SESSION
04/05
HOUSE BILL 334
AN ACT relative to the state’s authority to prohibit or regulate firearms, firearms components, ammunition, firearms supplies, and knives.
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
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, firearms supplies, and knives 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
4Jan2012… 2563h
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, firearms supplies, and knives.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Firearms, Ammunition, and Knives; Authority of the State. RSA 159:26 is repealed and reenacted to read as follows:
159:26 Firearms, Ammunition, and Knives; Authority of the State.
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, firearms supplies, and knives 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, firearms supplies, or knives in the state.
II. No public or private entity shall prohibit the possession of firearms or knives 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 Town Property. Amend RSA 41:11-a, I to read as follows:
I. The selectmen shall have authority to manage all real property owned by the town and to regulate its use, unless such management and regulation is delegated to other public officers by vote of the town, or is governed by other statutes, including but not limited to RSA 31:112, RSA 35-B, RSA 36-A:4, RSA 159:26, and RSA 202-A:6.
3 Effective Date. This act shall take effect upon its passage.