HB 1438 – AS INTRODUCED
2014 SESSION
HOUSE BILL 1438
AN ACT relative to the burden of proof for exceptions or exemptions in actions brought under the firearms laws of this state.
COMMITTEE: Criminal Justice and Public Safety
This bill shifts the burden of proof for an exception or exemption claimed in an action brought under the firearms laws of this state from the defendant to the state.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14-2439
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to the burden of proof for exceptions or exemptions in actions brought under the firearms laws of this state.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Pistols and Revolvers; Exceptions and Exemptions Not Required to Be Negated. Amend RSA?159:5-a to read as follows:
159:5-a Exceptions and Exemptions Not Required to be Negated. In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of this chapter, it shall not be necessary to negate any exception, excuse, proviso, or exemption contained herein, and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the [defendant] state.
2 Effective Date. This act shall take effect January 1, 2015.