SB719 (2020) Detail

Relative to lost or stolen firearms.


SB 719-FN - AS INTRODUCED

 

 

2020 SESSION

20-2783

04/06

 

SENATE BILL 719-FN

 

AN ACT relative to lost or stolen firearms.

 

SPONSORS: Sen. Watters, Dist 4; Sen. Fuller Clark, Dist 21; Sen. Hennessey, Dist 5; Rep. Rogers, Merr. 28

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill establishes procedures for reporting a lost or stolen firearm.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2783

04/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to lost or stolen firearms.

 

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

 

1  New Subdivision; Lost or Stolen Firearms.  Amend RSA 159 by inserting after section 26 the following new subdivision:

Lost or Stolen Firearms

159:27  Lost or Stolen Firearms.  

I.(a)  Any person who lawfully possesses a firearm, as defined in RSA 207:1, V-a, or a rifle, excluding an air rifle as defined in RSA 207:1, I, shotgun, or musket that is lost or stolen from such person shall report the loss or theft to the law enforcement agency in the municipality in which the loss or theft occurred or, if such municipality does not have a law enforcement agency, to the state police troop with jurisdiction over such municipality, within 72 hours of when such person discovered or should have discovered the loss or theft.  The law enforcement agency or state police shall forward a copy of such report to the commissioner of the department of safety.

(b)  A federal firearms licensee shall be in compliance with this section by reporting the loss or theft of a firearm as required by 27 C.F.R. section 478.39a.

II.  Any person who fails to make a report required under paragraph I shall be guilty of a violation and shall be fined not more than $100 for a first offense, and shall be guilty of a class B misdemeanor for any subsequent offense.  If such person purposely fails to make such report within the prescribed time period, such person shall be guilty of a class A misdemeanor.

III.  Any person who finds a lost, stolen, or abandoned firearm shall report the firearm to the local law enforcement agency in the municipality in which the firearm is found, or if such municipality does not have a law enforcement agency, to the state police troop with jurisdiction over such municipality, within 72 hours of when such person discovered or should have discovered the loss or theft.  The law enforcement agency or state police shall forward a copy of such report to the commissioner of the department of safety.  Such property shall be governed by the provisions of RSA 471-C and RSA 471-D.  Any person who fails to comply with the provisions of this paragraph shall be guilty of a violation and fined not more than $100.  

IV.  This section shall not apply to any device used exclusively for signaling or distress use and required or recommended by the United States Coast Guard or the Interstate Commerce Commission, or for the firing of stud cartridges, explosive rivets, or similar industrial ammunition.

2  Effective Date.  This act shall take effect January 1, 2021.

 

LBAO

20-2783

Revised 1/30/20

 

SB 719-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to lost or stolen firearms.

 

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

Indeterminable

Indeterminable

Funding Source:

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

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

 

METHODOLOGY:

This bill requires a person who owns a firearm that is lost or stolen, or an individual who discovers an abandoned firearm, to report to the law enforcement agency in the municipality in which the loss, theft or discovery occurred, or to the state police, within 72 hours of when the loss, theft or discovery was made.  The law enforcement agency or state police shall forward a copy of such report to the commissioner of the Department of Safety.  The New Hampshire Municipal Association indicates this requirement may result in some minimal increase in record-keeping requirements for local police departments but it is unlikely to result in any significant increase in expenditures.  There will be no impact on municipal revenues.

 

The Department of Safety indicates the number of lost or stolen firearms that would be reported and any associated criminal investigations or prosecutions are unknown, therefore any related costs are indeterminable.

 

This bill contains penalties 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 2021

FY 2022

Violation Level Offense

$52

$54

Class B Misdemeanor

$54

$56

Class A Misdemeanor

$77

$79

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.  

 

AGENCIES CONTACTED:

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

 

Links

SB719 at GenCourtMobile
SB719 Discussion

Action Dates

Date Body Type
Feb. 4, 2020 Senate Hearing
March 5, 2020 Senate Floor Vote

Bill Text Revisions

SB719 Revision: 8036 Date: Jan. 30, 2020, 3:20 p.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and Referred to Judiciary; SJ 2
Feb. 4, 2020 Hearing: 02/04/2020, Room 100, SH, 10:20 am; SC 5
March 5, 2020 Committee Report: Inexpedient to Legislate, 03/05/2020; SC 9
March 5, 2020 Inexpedient to Legislate, MA, VV === BILL KILLED ===; 03/05/2020; SJ 5