HB1608 (2020) Detail

Prohibiting the manufacture, sale, transfer, and possession of large capacity ammunition feeding devices.


HB 1608-FN - AS AMENDED BY THE HOUSE

 

11Mar2020... 1037h

2020 SESSION

20-2144

04/06

 

HOUSE BILL 1608-FN

 

AN ACT prohibiting the manufacture, sale, transfer, and possession of large capacity ammunition feeding devices.

 

SPONSORS: Rep. Conley, Straf. 13; Rep. Vann, Hills. 24; Rep. Vail, Hills. 30; Rep. Horrigan, Straf. 6; Rep. Chase, Straf. 18; Rep. Meuse, Rock. 29; Rep. Josephson, Graf. 11; Rep. Kenney, Straf. 6; Rep. Frost, Straf. 16

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill prohibits the manufacture, sale, transfer, and possession of large capacity ammunition feeding devices.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2020... 1037h 20-2144

04/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT prohibiting the manufacture, sale, transfer, and possession of large capacity ammunition feeding devices.

 

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

 

1  New Chapter; Large Capacity Ammunition Feeding Devices.  Amend RSA by inserting after chapter 159-D the following new chapter:

CHAPTER 159-E

LARGE CAPACITY AMMUNITION FEEDING DEVICES  

159-E:1  Definitions.  

I.  "Large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept:

(a)  More than 10 rounds of ammunition for a long gun; or

(b)  More than 15 rounds of ammunition for a hand gun.

II.  The term "large capacity ammunition feeding device" shall not include:

(a)  An attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition;

(b)  A large capacity ammunition feeding device that is manufactured or sold solely for use by a lever action or bolt action long gun or by an antique firearm as defined in RSA 159:1 or

(c)  A large capacity ammunition feeding device that is manufactured or sold solely for use with a firearm that is determined to be a curio or relic by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  As used in this chapter, "curio or relic" means a firearm that is of special interest to collectors by reason of some quality other than its association with firearms intended for sporting use or as offensive or defensive weapons.

159-E:2  Large Capacity Ammunition Feeding Devices Prohibited.

I.  No person shall manufacture, possess, transfer, offer for sale, purchase, or receive, or import into this state a large capacity ammunition feeding device.  For the purpose of this section, "import" shall not include the transportation back into this state of a large capacity ammunition feeding device by the same person who transported the device out of state if the person possessed the device on or before the effective date of this section.

II.  A person who violates this section shall be guilty of a class A misdemeanor.

III.  This section shall not apply to a large capacity ammunition feeding device:

(a)  Lawfully possessed on or before the effective date of this chapter.

(b)  Lawfully possessed by a federal firearms licensee pursuant to 18 U.S.C. Section 921, et seq.

(c)(1)  Manufactured for, transferred to, or possessed by the United States or a department or agency of the United States, or by any state or by a department, agency, or political subdivision of a state;

(2)  Transferred to or possessed by a federal, state, county, or municipal law enforcement officer certified as a law enforcement officer for legitimate law enforcement purposes, whether the officer is on or off duty;

(3)  Transferred to a licensee under Title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by federal law, or possessed by an employee or contractor of such a licensee on-site for these purposes, or off-site for purposes of licensee-authorized training or transportation of nuclear materials;

(4)  Possessed by an individual who is retired from service with a law enforcement agency after having been transferred to the individual by the agency upon his or her retirement, provided that the individual is not otherwise prohibited from receiving ammunition;

(5)  Manufactured, imported, transferred, or possessed by a manufacturer or importer licensed under 18 U.S.C. Section 923, et seq.:

(A)  For the purposes of testing or experimentation authorized by the United States Attorney General, or for product development;

(B)  For repair and return to the person from whom it was received;

(C)  For transfer in foreign or domestic commerce for delivery and possession outside the state;

(6)  Transported by a resident of another state into this state for the exclusive purpose of use in an established shooting competition if the device is lawfully possessed under the laws of another state; or

(7)  Manufactured, transported, possessed, sold, or rented and which has been altered to fire only blank ammunition for the purpose of rental for use solely as a prop for a motion picture, television or digital audiovisual production, or entertainment event.

IV.  This section shall not apply to a federal firearms licensee as defined in 18 U.S.C. Section 921 for the sole purpose of transferring or selling a large capacity ammunition feeding device to a person to whom this section does not apply.

159-E:3  Forfeiture.  Any person convicted under this chapter shall forfeit the large capacity ammunition feeding device to law enforcement personnel.

2  Effective Date.  This act shall take effect upon its passage.

 

LBAO

20-2144

12/5/19

 

HB 1608-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT prohibiting the manufacture, sale, transfer, and possession of large capacity ammunition feeding devices.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

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

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

METHODOLOGY:

This bill establishes a class A misdemeanor offense relative to large capacity ammunition feeding devices.  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 2021

FY 2022

Class B Misdemeanor

$54

$56

Class A Misdemeanor

$77

$79

Simple Criminal Case

$300

$314

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2021 and FY 2022 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.  An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor.

Judicial Council

 

 

Public Defender Program

Has contract with State to provide services.

Has contract with State to provide services.

Contract Attorney – Misdemeanor

$300/Case

$300/Case

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

$105 to $120

$105 to $120

 

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.  

 

It is assumed the fiscal impact of this billl will not occur until FY 2021.

 

AGENCIES CONTACTED:

Judicial Branch, Department of Justice, Judicial Council, and New Hampshire Association of Counties

 

Links

HB1608 at GenCourtMobile
HB1608 Discussion

Action Dates

Date Body Type
Feb. 12, 2020 House Hearing
Feb. 12, 2020 House Hearing
March 3, 2020 House Exec Session
March 4, 2020 House Exec Session
House Floor Vote
March 11, 2020 House Floor Vote

Bill Text Revisions

HB1608 Revision: 8367 Date: March 12, 2020, 6:08 p.m.
HB1608 Revision: 7254 Date: Dec. 6, 2019, 12:18 p.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Criminal Justice and Public Safety HJ 1 P. 28
Feb. 12, 2020 ==CANCELLED== Public Hearing: 02/12/2020 01:00 pm LOB 204
Feb. 12, 2020 Public Hearing: 02/12/2020 01:30 pm LOB 204
March 3, 2020 Executive Session: 03/03/2020 01:00 pm LOB 204
March 4, 2020 ==CONTINUED== Executive Session: 03/04/2020 10:00 am LOB 204 (if necessary)
Majority Committee Report: Ought to Pass with Amendment # 2020-1037h (Vote 11-9; RC)
March 11, 2020 Majority Committee Report: Ought to Pass with Amendment # 2020-1037h for 03/11/2020 (Vote 11-9; RC) HC 10 P. 44
Minority Committee Report: Inexpedient to Legislate
March 11, 2020 Amendment # 2020-1037h: AA DV 170-111 03/11/2020
March 11, 2020 FLAM # 2020-1170h (Rep. Adjutant): AF DV 153-157 03/11/2020
March 11, 2020 Ought to Pass with Amendment 2020-1037h: MA RC 150-145 03/11/2020