Bill Text - HB512 (2016)

Prohibiting confiscation of firearms, ammunition, or firearms accessories during a state of emergency.


Revision: June 3, 2016, midnight

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HB 512 - VERSION ADOPTED BY BOTH BODIES

6Jan2016... 2379h

05/12/2016   1785s

1June2016... 2045EBA

2016 SESSION

\t15-0689

\t04/01

 

HOUSE BILL\t\t512

 

AN ACT\tprohibiting the confiscation of firearms, ammunition, or firearms accessories during a state of emergency.

 

SPONSORS:\tRep. LeBreche, Belk 6; Rep. Baldasaro, Rock 5; Rep. Spillane, Rock 2; Rep. Burt, Hills 39; Rep. Balcom, Hills 21; Rep. Wheeler, Merr 3; Rep. Gallagher, Belk 4; Sen. Cataldo, Dist 6

 

COMMITTEE:\tCriminal Justice and Public Safety

 

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ANALYSIS

 

\tThis bill inserts specific penalty provisions to be applied against a law enforcement officer who confiscates a firearm, firearm accessory, ammunition, or ammunition component during a declared state of emergency.

 

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Explanation:\tMatter added to current law appears in bold italics.

\t\tMatter removed from current law appears [in brackets and struckthrough.]

\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 

6Jan2016... 2379h

05/12/2016   1785s

1June2016... 2045EBA

\t15-0689\t04/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\tprohibiting the confiscation of firearms, ammunition, or firearms accessories during a state of emergency.

 

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

 

\t1  Taking of Private Property; Compensation and Use.  Amend RSA 4:46, I-a to read as follows:

\t\tI-a.(a)  Under no circumstances shall this section be construed to authorize the taking, confiscation, or seizure of firearms, firearms accessories, ammunition, or ammunition components.

\t\t\t(b)  In addition to the remedies set forth in paragraphs III and IV, an individual who has any firearm, firearm accessory, ammunition, or ammunition components confiscated in violation of this paragraph may bring a civil action in a court having the appropriate jurisdiction:

\t\t\t\t(1)  For money damages against a person who violates this paragraph;

\t\t\t\t(2)  For a civil penalty, in the amount of $5,000 per violation, against a person who violates this paragraph; and

\t\t\t\t(3)  For return of the confiscated firearm, firearm accessories, ammunition, or ammunition components.

\t\t\t(c)  A law enforcement officer shall not be subject to disciplinary action or retaliation for refusing to confiscate a firearm, firearm accessory, ammunition, or ammunition component under this section if:

\t\t\t\t(1)  Ordered or directed to do so by a superior officer; and

\t\t\t\t(2)  By obeying the order or direction, the law enforcement officer would be committing a violation of this section.

\t\t\t(d)  Disciplinary action may include:

\t\t\t\t(1)  Dismissal, suspension, or demotion;

\t\t\t\t(2)  Loss of or decrease in benefits, pay, privileges, or conditions of employment; and

\t\t\t\t(3)  Any type of written or electronic indication, permanent or temporary, on the officer’s personnel record of the officer’s refusal to obey the unlawful order.

\t\t\t(e)  For the purposes of this paragraph, “law enforcement officer” includes, but is not limited to, state, local, and county officials, members of the National Guard, and private security persons.

\t2  Effective Date.  This act shall take effect 60 days after its passage.

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