HB 451-FN – AS INTRODUCED
2013 SESSION
04/01
HOUSE BILL 451-FN
AN ACT repealing the license requirement for carrying a concealed pistol or revolver.
SPONSORS: Rep. Hoell, Merr 23; Rep. Itse, Rock 10
COMMITTEE: Criminal Justice and Public Safety
This bill:
I. Increases the length of time for which a license to carry a pistol or revolver is valid, and reduces the fee for nonresidents wishing to obtain a license to carry.
II. Allows a person to carry a loaded, concealed pistol or revolver without a license provided such person is not otherwise prohibited by law.
III. 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.
IV. Clarifies to whom a pistol or revolver may be sold.
V. Allows a person who has obtained a license to hunt with a bow and arrow to carry a firearm if he or she is otherwise qualified under the license to carry statute.
VI. Repeals the requirement to obtain a license to carry a concealed pistol or revolver.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13-0692
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT repealing the license requirement for carrying a concealed pistol or revolver.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Pistols and Revolvers; License to Carry. Amend RSA 159:6 to read as follows:
159:6 License to Carry.
I.(a) The selectmen of a town, the mayor or chief of police of a city or a full-time police officer designated by them respectively, the county sheriff for a resident of an unincorporated place, or the county sheriff if designated by the selectmen of a town that has no police chief, upon application of any resident of such town, city, or unincorporated place, 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] 5 years from 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. The license shall be valid for all allowable purposes regardless of the purpose for which it was originally issued.
(b) 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] 5 years. When required, license renewal shall take place within the month of the [fourth] fifth anniversary of the license holder’s date of birth following the date of issuance. The license shall be issued within 14 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 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 require no more information than was required on the state of New Hampshire application for 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. The availability of a license to carry a loaded pistol or revolver under this section or under any other provision of law shall not be construed to impose a prohibition on the unlicensed transport or carry of a firearm in a vehicle, or on or about one’s person, whether openly or concealed, loaded or unloaded, by either a resident, non resident, or alien if that individual is not otherwise prohibited by statute from possessing a firearm in the State of New Hampshire.
2 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.
3 Pistols and Revolvers; Exemption. Amend RSA 159:14 to read as follows:
159:14 Exemption. None of the provisions of this chapter shall prohibit an individual not licensed under the provisions thereof who is not engaged in the business of selling pistols or revolvers from selling a pistol or revolver to a person who is licensed under this chapter, to a New?Hampshire resident who may lawfully own firearms, or to a person personally known to him or her.
4 Game Animals; Bow and Arrow. Amend RSA 208:5, V to read as follows:
V. The licensee shall not be entitled to carry any firearms while hunting under the provisions of this section, unless such licensee also possesses a valid firearms hunting license, or a valid license to carry firearms issued pursuant to RSA 159, or is otherwise qualified pursuant to RSA 159:6, III.
5 Repeal. RSA 159:4, relative to requiring a license to carry a concealed pistol or revolver, is repealed.
6 Effective Date. This act shall take effect upon its passage.
LBAO
13-0692
01/16/13
HB 451-FN - FISCAL NOTE
AN ACT repealing the license requirement for carrying a concealed pistol or revolver.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill, as introduced, at this time. When completed, the fiscal note will be forwarded to the House Clerk's Office.