SB492 (2018) Detail

Prohibiting bump stocks in New Hampshire.


SB 492-FN - AS INTRODUCED

 

 

2018 SESSION

18-2774

04/05

 

SENATE BILL 492-FN

 

AN ACT prohibiting bump stocks in New Hampshire.

 

SPONSORS: Sen. Woodburn, Dist 1; Sen. Cavanaugh, Dist 16; Sen. D'Allesandro, Dist 20; Sen. Feltes, Dist 15; Sen. Fuller Clark, Dist 21; Sen. Hennessey, Dist 5; Sen. Lasky, Dist 13; Sen. Soucy, Dist 18; Sen. Watters, Dist 4; Rep. Shurtleff, Merr. 11; Rep. Berch, Ches. 1; Rep. Chandley, Hills. 22; Rep. Cushing, Rock. 21

 

COMMITTEE: Judiciary

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill establishes a misdemeanor offense for the manufacture, sale, possession, or use of a multiburst trigger activator, known as a "bump stock."

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2774

04/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT prohibiting bump stocks in New Hampshire.

 

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

 

1  New Subdivision; Bump Stocks.  Amend RSA 159 by inserting after section 26 the following new subdivision:

Bump Stocks

159:27  Definition.  As used in this subdivision, "multiburst trigger activator" means either of the following:

I.  A device designed or redesigned to be attached to a semiautomatic firearm, which allows the firearm to discharge 2 or more shots in a burst by activating the device.

II.  A manual or power-driven trigger activating device constructed and designed so that when attached to a semiautomatic firearm it increases the rate of fire of that firearm.

159:28  Penalty.  Any person in this state who manufactures, causes to be manufactured, imports into the state, keeps for sale, offers or exposes for sale, or gives, lends, or possesses any multiburst trigger activator is guilty of a class A misdemeanor.

159:29  Exceptions.  The provisions of this subdivision shall not apply to:

I.  A multiburst trigger activator that is possessed by a federal, state, or local historical society, museum, or institutional collection that is open to the public if all the following conditions are satisfied:

(a)  The multiburst trigger activator is properly housed.

(b)  The multiburst trigger activator is secured from unauthorized handling.

(c)  The firearm to which the multiburst trigger activator is attached is not loaded.

II.  A multiburst trigger activator which is possessed or used during the course of a motion picture, television, or video production or entertainment event by an authorized participant therein in the course of making that production or event or by an authorized employee or agent of the entity producing that production or event.

III.  The sale to, possession of, or purchase of a multiburst trigger activator by any federal, state, or political subdivision of the state agency that is charged with the enforcement of any law for use in the discharge of its official duties.

IV.  The possession of a multiburst trigger activator by any law enforcement officer of any federal, state, or political subdivision of the state or state agency that is charged with the enforcement of any law, when the officer is on duty and the use is authorized by the agency and is within the course and scope of the officer's duties.

V.  A multiburst trigger activator that is sold by, manufactured by, exposed or kept for sale by, possessed by, imported by, or lent by, a person who is in the business of selling multiburst trigger activators for a use authorized in paragraphs I-III.

VI.  A multiburst trigger activator that is found and possessed by a person who meets all of the following:

(a)  The person is not prohibited from possessing firearms or ammunition under any provision of New Hampshire statute.

(b)  The person was in possession of the multiburst trigger activator for a period of time no longer than was necessary to deliver or transport it to a law enforcement agency for that agency's disposition.

(c)  If the person is transporting the multiburst trigger activator, the person is transporting it to a law enforcement agency for disposition.

(d)  Before transporting the multiburst trigger activator to a law enforcement agency, the person has given prior notice to that law enforcement agency that the person is transporting the multiburst trigger activator to that law enforcement agency for disposition.

VII.  The possession of a multiburst trigger activator by a forensic laboratory or by any authorized agent or employee thereof in the course and scope of the person's authorized activities.

2  Effective Date.  This act shall take effect January 1, 2019.

 

LBAO

18-2774

11/30/17

 

SB 492-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT prohibiting bump stocks in New Hampshire.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

 

 

 

 

METHODOLOGY:

This bill contains a penalty that may have an impact on the New Hampshire judicial and correctional systems.  There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures.  However, the entities impacted have provided the potential costs associated with these penalties below.

Judicial Branch

FY 2019

FY 2020

Class A Misdemeanor

$72

$73

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2019 and FY 2020 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types.  

Judicial Council

 

 

Public Defender Program

Has contract with State to provide services.

Has contract with State to provide services.

Assigned Counsel – Misdemeanor

$60/Hour up to $1,400

$60/Hour up to $1,400

It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%).

NH Association of Counties

 

 

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$85 to $110

$85 to $110

 

Many offenses are prosecuted by local and county prosecutors.  When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department would likely absorb the cost within its existing budget.  If the Department needs to prosecute significantly more cases or handle more appeals, then costs may increase by an indeterminable amount.  

 

AGENCIES CONTACTED:

Judicial Branch, Departments of Corrections and Justice, Judicial Council and New Hampshire Association of Counties

 

Links

SB492 at GenCourtMobile

Action Dates

Date Body Type
Jan. 25, 2018 Senate Hearing

Bill Text Revisions

SB492 Revision: 2734 Date: Dec. 20, 2017, 12:46 p.m.

Docket

Date Status
Jan. 3, 2018 To Be Introduced 01/03/2018 and Referred to Judiciary; SJ 1
Jan. 25, 2018 Hearing: 01/25/2018, Room 100, SH, 01:20 pm; SC 5
Feb. 1, 2018 Committee Report: Referred to Interim Study, 02/01/2018; SC 5
Feb. 1, 2018 Refer to Interim Study, RC 14Y-9N, MA; 02/01/2018; SJ 3