SB500 (2018) Detail

Amending references to firearms terminology.


CHAPTER 324

SB 500 - FINAL VERSION

 

03/08/2018   0966s

12Apr2018... 1255h

05/10/2018   1958EBA

 

2018 SESSION

18-2796

04/10

 

SENATE BILL 500

 

AN ACT amending references to firearms terminology.

 

SPONSORS: Sen. Avard, Dist 12; Sen. Bradley, Dist 3

 

COMMITTEE: Judiciary

 

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AMENDED ANALYSIS

 

This bill amends the definition of firearm in certain statutes.  The bill also removes the prohibition on carrying a loaded rifle or shotgun, muzzleloader, or air rifle in or on a stationary motor vehicle, OHRV, snowmobile, or aircraft.  The bill also defines air rifle for the purpose of the fish and game laws.

 

The bill also allows the taking of wildlife with a muzzleloader, crossbow, or air rifle.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/08/2018   0966s

12Apr2018... 1255h

05/10/2018   1958EBA 18-2796

04/

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT amending references to firearms terminology.

 

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

 

324:1  Pistols and Revolvers.  Amend RSA 159:12, II(a) to read as follows:

(a)  Fathers, mothers, grandparents, guardians, administrators or executors who give a pistol or revolver to their children or wards or to heirs to an estate.

324:2  Protection of Persons From Domestic Violence; Definitions.  Amend RSA 173-B:1, XI to read as follows:

XI.  "Firearm'' means any weapon, including a starter gun, which will [or], is designed to, or may readily be converted to expel a projectile by [force of gunpowder] the action of an explosive.

324:3  General Provisions as to Fish and Game; Definitions.  Amend RSA 207:1, I to read as follows:

I.  Air Rifle:  A gun operated by a compressed air or nonflammable gas cylinder by which a projectile of any size or kind can be discharged or propelled.

I-a.  Angling:  The taking of fish by line in hand, or rod in hand to which is attached a cast of artificial flies, or an artificial bait, or hooks or other devices for the attachment of bait.  A person may have in use not more than 2 such lines at one time.  Nothing in this title shall prohibit the use of a rod-holder in a boat.

324:4  New Paragraph; General Provisions as to Fish and Game; Definitions.  Amend RSA 207:1 by inserting after paragraph V the following new paragraph:

V-a.  Firearm:  Any weapon, including a starter gun, which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive.

324:5  New Paragraph; General Provisions as to Fish and Game; Definitions.  Amend RSA 207:1 by inserting after paragraph XIV the following new paragraph:

XIV-a.  Loaded:  A round or projectile in the chamber fully dischargeable by pulling the trigger.

324:6  General Provisions as to Fish and Game; Lawful Methods of Taking.  Amend RSA 207:3, I to read as follows:

I.  Wildlife shall be taken in the daytime between 1/2 hour before sunrise and 1/2 hour after sunset with a gun, firearm, muzzleloader, or air rifle, fired at arm's length, or bow and arrow or crossbow, unless otherwise specifically permitted.

324:7  Hunting From Motor Vehicle, OHRV, Snowmobile, Boat, or Aircraft.  Amend RSA 207:7, II-IV to read as follows:

II.  No person shall have or carry, in or on a motor vehicle, OHRV, snowmobile, or aircraft, [whether] when moving [or stationary], a cocked crossbow, a loaded rifle or loaded shotgun, [or a rifle or shotgun with a cartridge in a magazine or clip attached to the gun] muzzleloader, or air rifle, except a person or a person's agent while in the act of protecting his or her interest in their livestock or crops.  Except when crossing or traveling on a public way, such person or the person's agent may carry a loaded rifle or shotgun, muzzleloader, or air rifle while traveling through or between farming or agricultural areas while in the course of protecting his or her interest in their livestock or crops.  

III.  No person shall have in or on a boat or other craft while being propelled by mechanical power, or in a boat or other craft being towed by a boat or other craft propelled by mechanical power, a cocked crossbow, a loaded rifle or loaded shotgun[, or a rifle or shotgun with a cartridge in a magazine or clip attached to the gun], muzzleloader, or air rifle.

IV.  The provisions of this section shall not apply to law enforcement officers carrying guns or firearms in the line of duty.

324:8  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] is prohibited by state or federal law from carrying a firearm.

324:9  Obstructing Governmental Operations; Taking a Firearm From a Law Enforcement Officer.  Amend RSA 642:3-a, V(a) to read as follows:

(a)  "Firearm'' [has the meaning given that term in section 921 of Title 18 of the United States Code] means any weapon, including a starter gun, which will, is designed to, or may be readily converted to expel a projectile by the action of an explosive.  

324:10  Repeal.  RSA 214:18, relative to the executive director's authority to suspend or revoke the license of a physically or mentally improper or incompetent person, is repealed.  

324:11  General Provisions as to Fish and Game; Lawful Methods of Taking.  Amend RSA 207:3, I to read as follows:

I.  Wildlife shall be taken in the daytime between 1/2 hour before sunrise and 1/2 hour after sunset with a gun, firearm, muzzleloader, or air rifle, fired at arm's length, or bow and arrow or crossbow, unless otherwise specifically permitted.  An air rifle may be used to take small game but shall not be used to take moose, bear, turkey, or deer.  The executive director shall specify the method and manner of taking small game with an air rifle in rules adopted pursuant to RSA 541-A.

324:12  Contingency.  If HB 1575 of the 2018 regular legislative session becomes law, section 11 of this act shall take effect 60 days after its passage and sections 3 and 6 of this act shall not take effect.  If HB 1575 of the 2018 regular legislative session does not become law, sections 3 and 6 of this act shall take effect 60 days after its passage and section 11 of this act shall not take effect.

324:13  Effective Date.  

I.  Sections 3, 6, and 11 of this act shall take effect as provided in section 12 of this act.

II.  The remainder of this act shall take effect 60 days after its passage.

 

Approved: June 25, 2018

Effective Date:

I. Sections 3, 6 and 11 shall take effect as provided in section 12.

II. Remainder shall take effect August 24, 2018.

Links

SB500 at GenCourtMobile

Action Dates

Date Body Type
Feb. 13, 2018 Senate Hearing
March 8, 2018 Senate Floor Vote
March 20, 2018 House Hearing
April 3, 2018 House Exec Session
House Floor Vote
April 12, 2018 House Floor Vote

Bill Text Revisions

SB500 Revision: 4243 Date: June 27, 2018, 9:49 a.m.
SB500 Revision: 3800 Date: May 23, 2018, 3:20 p.m.
SB500 Revision: 3452 Date: April 12, 2018, 4:04 p.m.
SB500 Revision: 3234 Date: March 9, 2018, 12:49 p.m.
SB500 Revision: 2735 Date: Dec. 20, 2017, 12:53 p.m.

Docket

Date Status
Jan. 3, 2018 To Be Introduced 01/03/2018 and Referred to Judiciary; SJ 1
Feb. 13, 2018 Hearing: 02/13/2018, Room 100, SH, 09:00 am; SC 6
March 8, 2018 Committee Report: Ought to Pass with Amendment # 2018-0966s, 03/08/2018; Vote 5-0; CC; SC 10A
March 8, 2018 Committee Amendment # 2018-0966s, AA, VV; 03/08/2018; SJ 6
March 8, 2018 Ought to Pass with Amendment 2018-0966s, MA, VV; OT3rdg; 03/08/2018; SJ 6
March 7, 2018 Introduced 03/07/2018 and referred to Fish and Game and Marine Resources HJ 7 P. 53
March 20, 2018 Public Hearing: 03/20/2018 10:00 AM LOB 305-307
March 27, 2018 Full Committee Work Session: 03/27/2018 10:00 AM LOB 307
April 3, 2018 Full Committee Work Session: 04/03/2018 10:00 AM LOB 303
April 3, 2018 Executive Session: 04/03/2018 LOB 307
Majority Committee Report: Ought to Pass with Amendment # 2018-1255h (Vote 12-5; RC)
April 12, 2018 Majority Committee Report: Ought to Pass with Amendment # 2018-1255h for 04/12/2018 (Vote 12-5; RC) HC 14 P. 8
Minority Committee Report: Refer for Interim Study
April 12, 2018 Amendment # 2018-1255h: AA VV 04/12/2018 HJ 12 P. 14
April 12, 2018 Ought to Pass with Amendment 1255h: MA RC 184-146 04/12/2018 HJ 12 P. 15
May 2, 2018 Sen. Carson Moved to Concur with the House Amendment, MA, VV; 05/02/2018; SJ 15
May 10, 2018 Enrolled Bill Amendment # 2018-1958e: AA VV 05/10/2018
May 10, 2018 Enrolled Bill Amendment # 2018-1958e Adopted, VV, (In recess of 05/10/2018); SJ 18
May 23, 2018 Enrolled 05/23/2018
May 23, 2018 Enrolled (In recess 05/23/2018); SJ 18
June 25, 2018 Signed by the Governor on 06/25/2018; Chapter 0324 SC 27
I. Section 3 6 and 11 of this act shall take effect as provided in Section 12 SC 27
Aug. 24, 2018 II. Remainder Effective 08/24/2018 SC 27
June 25, 2018 Signed by the Governor on 06/25/2018; Chapter 0324
I. Sections 3 6 and 11 of this act shall take effect as provided in Section 12
Aug. 24, 2018 II. Remainder Effective 08/24/2018