Text to be removed highlighted in red.
1 Safe School Zones; Definitions. Amend RSA 193-D:1 to read as follows:
193-D:1 Definitions. In this chapter:
I. "Act of theft, destruction, or violence" means an act set forth in the following statutes regardless of the age of the perpetrator:
(a) Any of the offenses enumerated in RSA 189:13-a, V.
(b)(1) Any first or second degree assault under RSA 631.
(2) Any simple assault under RSA 631:2-a.
(c) Criminal mischief under RSA 634:2.
(d) Unlawful possession or sale of a firearm or other dangerous weapon under RSA 159.
(e) Arson under RSA 634:1.
(f) Burglary under RSA 635.
(g) Robbery under RSA 636.
(h) Theft under RSA 637.
(i) Illegal sale or possession of a controlled drug under RSA 318-B.
(j) Criminal threatening under RSA 631:4.
II. "Safe school zone" means an area inclusive of any school property or school buses
.
III. "School" means any public or private elementary, secondary, or secondary vocational-technical school in New Hampshire. It shall not include home schools under RSA 193-A.
IV. "School employee" means any school administrator, teacher, or other employee of any public or private school, school district, school department, or school administrative unit, or any person providing or performing continuing contract services for any public or private school, school district, school department, or school administrative unit.
V. "School property" means all real property, physical plant and equipment used for school purposes, including but not limited to school playgrounds and buses, whether public or private.
VI. "School purposes" means school-sponsored programs, including but not limited to educational or extra-curricular activities.
2 New Subdivision; Prohibitions Against Possession or Discharge of a Firearm in a Safe School Zone. Amend RSA 193-D by inserting after section 9 the following new subdivision:
Prohibitions Against Possession or Discharge of a Firearm in a Safe School Zone.
193-D:10 Prohibitions Against Possession or Discharge of a Firearm in a Safe School Zone.
I. It shall be unlawful for any individual knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a safe school zone.
II. This subdivision shall not apply to the possession of a firearm:
(a) On private property not part of school grounds;
(b) If the individual possessing the firearm is licensed to do so and law enforcement authorities have verified that the individual is qualified under state law to receive the license;
(c) Which is:
(1) Not loaded; and
(2) In a locked container, or a locked firearms rack which is in a motor vehicle;
(d) By an individual for use in a program approved by a school in the safe school zone;
(e) By an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(f) By a law enforcement officer acting in his or her official capacity; or
(g) That is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
III. Except as provided in paragraph IV, it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm at a place that the person knows is a safe school zone.
IV. Paragraph III shall not apply to the discharge of a firearm:
(a) On private property not part of school grounds;
(b) As part of a program approved by a school in the safe school zone, by an individual who is participating in the program;
(c) By an individual in accordance with a contract entered into between a school in a safe school zone and the individual or an employer of the individual; or
(d) By a law enforcement officer acting in his or her official capacity.
V. Any person who is convicted of violating any provision of this subdivision shall be guilty of a class B misdemeanor for a first offense; a class A misdemeanor for a second offense, and a class B felony for a third or subsequent offense.
3 Effective Date. This act shall take effect January 1, 2024.
Text to be added highlighted in green.
1 Safe School Zones; Definitions. Amend RSA 193-D:1 to read as follows:
193-D:1 Definitions. In this chapter:
I. "Act of theft, destruction, or violence" means an act set forth in the following statutes regardless of the age of the perpetrator:
(a) Any of the offenses enumerated in RSA 189:13-a, V.
(b)(1) Any first or second degree assault under RSA 631.
(2) Any simple assault under RSA 631:2-a.
(c) Criminal mischief under RSA 634:2.
(d) Unlawful possession or sale of a firearm underRSA 193-D:10, or other dangerous weapon under RSA 159.
(e) Arson under RSA 634:1.
(f) Burglary under RSA 635.
(g) Robbery under RSA 636.
(h) Theft under RSA 637.
(i) Illegal sale or possession of a controlled drug under RSA 318-B.
(j) Criminal threatening under RSA 631:4.
II. "Safe school zone" means an area inclusive of any school property or school buses including any area:
(a) In, or on the grounds of, a public, nonpublic, or private school; or
(b) Within a distance of 1,000 feet from the grounds of a public, nonpublic, or private school .
III. "School" means any public or private elementary, secondary, or career technical education school in New Hampshire. It shall not include home schools under RSA 193-A.
IV. "School employee" means any school administrator, teacher, or other employee of any public or private school, school district, school department, or school administrative unit, or any person providing or performing continuing contract services for any public or private school, school district, school department, or school administrative unit.
V. "School property" means all real property, physical plant and equipment used for school purposes, including but not limited to school playgrounds and buses, whether public or private.
VI. "School purposes" means school-sponsored programs, including but not limited to educational or extra-curricular activities.
2 New Subdivision; Prohibitions Against Possession or Discharge of a Firearm in a Safe School Zone. Amend RSA 193-D by inserting after section 9 the following new subdivision:
Prohibitions Against Possession or Discharge of a Firearm in a Safe School Zone.
193-D:10 Prohibitions Against Possession or Discharge of a Firearm in a Safe School Zone.
I. It shall be unlawful for any individual knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a safe school zone.
II. This subdivision shall not apply to the possession of a firearm:
(a) On private property not part of school grounds;
(b) If the individual possessing the firearm is licensed to do so and law enforcement authorities have verified that the individual is qualified under state law to receive the license;
(c) Which is:
(1) Not loaded; and
(2) In a locked container, or a locked firearms rack which is in a motor vehicle;
(d) By an individual for use in a program approved by a school in the safe school zone;
(e) By an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(f) By a law enforcement officer acting in his or her official capacity; or
(g) That is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
III. Except as provided in paragraph IV, it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm at a place that the person knows is a safe school zone.
IV. Paragraph III shall not apply to the discharge of a firearm:
(a) On private property not part of school grounds;
(b) As part of a program approved by a school in the safe school zone, by an individual who is participating in the program;
(c) By an individual in accordance with a contract entered into between a school in a safe school zone and the individual or an employer of the individual; or
(d) By a law enforcement officer acting in his or her official capacity.
V. Any person who is convicted of violating any provision of this subdivision shall be guilty of a class B misdemeanor for a first offense; a class A misdemeanor for a second offense, and a class B felony for a third or subsequent offense.
3 Effective Date. This act shall take effect January 1, 2024.