Revision: April 3, 2020, 9:45 a.m.
HB 1608-FN - AS AMENDED BY THE HOUSE
11Mar2020... 1037h
2020 SESSION
20-2144
04/06
HOUSE BILL 1608-FN
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
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.
20-2144
Amended 3/27/20
HB 1608-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2020-1037h)
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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| 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 | |||
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COUNTY: |
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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 |
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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 |
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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