Revision: June 3, 2016, midnight
\t \t\tSB 336 - VERSION ADOPTED BY BOTH BODIES
03/24/2016 1046s
11May2016... 1888h
06/01/2016 2121EBA
2016 SESSION
\t16-2746
\t04/10
SENATE BILL\t336
AN ACT\trelative to the qualifications for obtaining a license to carry a concealed pistol or revolver.
SPONSORS:\tSen. Cataldo, Dist 6
COMMITTEE:\tJudiciary
-----------------------------------------------------------------
AMENDED ANALYSIS
This bill amends the requirements for obtaining a concealed carry license by removing the requirement that the applicant be "suitable" and inserting a requirement that the applicant not be prohibited from possessing a firearm by state or federal statute. The bill also provides immunity for an officer or employee of the state who issues a concealed carry license as authorized by statute.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/24/2016 1046s
11May2016... 1888h\t16-2746
06/01/2016 2121EBA\t04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to the qualifications for obtaining a license to carry a concealed pistol or revolver.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Pistols and Revolvers; License to Carry. Amend RSA 159:6, I to read as follows:
\t\tI.(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] unless the applicant is prohibited from possessing a firearm by state or federal statute. 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.
\t\t\t(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 town or city granting said licenses; the fee for licenses granted to out-of-state residents shall be $100, 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. 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.
\t\t\t(c) No officer or employee of the state of New Hampshire, or any subdivision thereof, shall be held liable for any criminal act committed as a result of such officer or employee issuing a license pursuant to this section.
\t2 Pistols and Revolvers; License to Carry. RSA 159:6, I is repealed and reenacted to read as follows:
\t\tI.(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 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, unless the applicant is prohibited from possessing a firearm by state or federal statute. 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.
\t\t\t(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 5 years. When required, license renewal shall take place within the month of the 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 town or city granting said licenses; the fee for licenses granted to out-of-state residents shall be $100, 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.
\t\t\t(c) No officer or employee of the state of New Hampshire, or any subdivision thereof, shall be held liable for any criminal act committed as a result of such officer or employee issuing a license pursuant to this section.
\t3 Contingency. If HB 582-FN of the 2016 general legislative session becomes law, section 2 of this act shall take effect 60 days after its passage and section 1 of this act shall not take effect. If HB 582-FN does not become law, section 1 of this act shall take effect 60 days after its passage and section 2 of this act shall not take effect.
\t\tI. Sections 1 and 2 of this act shall take effect as provided in section 3 of this act.
\t\tII. The remainder of this act shall take effect 60 days after its passage.