Revision: March 14, 2023, 9:56 a.m.
Rep. Meuse, Rock. 37
February 16, 2023
2023-0592h
07/08
Amendment to HB 351-FN
Amend the title of the bill by replacing it with the following:
AN ACT relative to the negligent storage of firearms.
Amend the bill by replacing all after the enacting clause with the following:
1 Purpose. The general court finds that it is in the best interests of child protection and public safety to minimize the occurrence of incidents involving negligent storage of firearms and the corresponding risk of an unsecured weapon falling into the hands of a minor.
2 Negligent Storage of Firearms. Amend RSA 650-C:1 to read as follows:
650-C:1 Negligent Storage of Firearms.
I. Nothing in this section shall be construed to reduce or limit any existing right to purchase and own firearms or ammunition, or both, or to provide authority to any state or local agency to infringe upon the privacy of any family, home or business except by lawful warrant.
II. As used in this section, "child," "juvenile" or "youth" shall mean any person under 16 years of age.
III. Any person who stores or leaves on premises under that person's control a loaded firearm[, and who knows or reasonably should know that a child is likely to gain access to the firearm] or an unloaded firearm with unsecured compatible ammunition in such a manner that it is available to a child without the supervision or permission of the child's parent or guardian, is guilty of a [violation] misdemeanor if a child gains access to a firearm and:
(a) The firearm is used in a reckless or threatening manner;
(b) The firearm is used during the commission of any misdemeanor or felony; [or]
(c) The firearm is negligently or recklessly discharged;
(d) The firearm is exhibited or displayed to other minor children who are not members of the child's household or immediate family;
(e) The firearm is brought onto the grounds of any building or facility, public or private, accessible to members of the public where other people are present.
IV. Any person who violates paragraph III shall be [fined not more than $1,000] guilty of a misdemeanor. If the child discharges a weapon obtained as a result of gross negligence resulting in the injury or death of the child or of another person, or uses it to commit a felony, such person may be charged with a class B felony.
V. This section shall not apply whenever any of the following occurs:
(a) The child has completed firearm safety instructions by a certified firearms safety instructor or has successfully completed a certified hunter safety course.
(b) The child's parent or guardian has given written permission to a certified firearms instructor to supervise the child while attending a firearms instruction course.
(c) The firearm is kept secured in a locked box, gun safe, or other secure locked space, or in a location which a reasonable person would believe to be secure, or is secured with a trigger lock or similar device that prevents the firearm from discharging.
(d) The firearm is carried on the person or within such a close proximity thereto so that the individual can readily retrieve and use the firearm as if carried on the person.
(e) The child obtains or obtains and discharges the firearm in a lawful act of self-defense or defense of another person.
(f) The person who keeps a loaded firearm on any premises which are under such person's custody or control has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises.
(g) The child obtains the firearm as a result of an illegal entry of any premises by any person or an illegal taking of the firearm from the premises of the owner without permission of the owner.
VI. A parent or guardian of a child who is injured or who dies of an accidental shooting shall be prosecuted under this section only in those instances in which the parent or guardian behaved in a grossly negligent manner.
VII. Licensees shall conspicuously post at each purchase counter the following warning in bold type not less than one inch in height: "IT IS IMPORTANT THAT THE OWNER OF A FIREARM SEEK FIREARM SAFETY INSTRUCTIONS FROM A CERTIFIED FIREARMS INSTRUCTOR AND KEEP FIREARMS SECURED FROM UNAUTHORIZED USE." A licensee failing to display this warning to the purchaser of a firearm shall be guilty of a violation.
3 Effective Date. This act shall take effect January 1, 2024.
2023-0592h
AMENDED ANALYSIS
This bill expands the criminal penalties for negligent storage of firearms.