HB1608 (2020) Compare Changes


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Unchanged Version

Text to be removed highlighted in red.

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.

Changed Version

Text to be added highlighted in green.

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.