Bill Text - SB322 (2024)

(New Title) relative to licenses to carry and immunity for law enforcement officers issuing certain firearms licenses.


Revision: April 11, 2024, 1:50 p.m.

SB 322 - VERSION ADOPTED BY BOTH BODIES

 

02/15/2024   0542s

2024 SESSION

24-2933

09/08

 

SENATE BILL 322

 

AN ACT relative to licenses to carry and immunity for law enforcement officers issuing certain firearms licenses.

 

SPONSORS: Sen. Pearl, Dist 17; Sen. Birdsell, Dist 19; Sen. Lang, Dist 2; Sen. Innis, Dist 7; Sen. Gendreau, Dist 1

 

COMMITTEE: Judiciary

 

-----------------------------------------------------------------

 

AMENDED ANALYSIS

 

This bill requires a license authorizing an individual to carry a loaded pistol or revolver in this state to include the name, title, and signature of the person issuing the license.  This bill further provides immunity to law enforcement officers who in good faith issue licenses under RSA 159:6 or 159:8 from any liability arising from certain actions by the firearm licensee.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/15/2024   0542s 24-2933

09/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to licenses to carry and immunity for law enforcement officers issuing certain firearms licenses.

 

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

 

1  Public Safety and Welfare; Pistols and Revolvers; License to Carry.  Amend RSA 159:6, I to read as follows:

I.(a) The selectmen of a town, the mayor or chief of police of a city or a full-time police officer designated by them respectively, the county sheriff for a resident of an unincorporated place, or the county sheriff if designated by the selectmen of a town that has no police chief, upon application of any resident of such town, city, or unincorporated place, or the director of state police, or some person designated by such director, upon application of a nonresident, shall sign and issue a license to such applicant authorizing the applicant to carry a loaded pistol or revolver in this state for not less than 5 years from the date of issue, if it appears that the applicant has good reason to fear injury to the applicant's person or property or has any proper purpose, unless the applicant is prohibited by New Hampshire or federal statute from possessing a firearm. Hunting, target shooting, or self-defense shall be considered a proper purpose. The license shall be valid for all allowable purposes regardless of the purpose for which it was originally issued.

(b) The license shall be in duplicate and shall bear the name, address, description, and signature of the licensee and the name, title, and signature of the person issuing the license. The original shall be delivered to the licensee and the duplicate shall be preserved by the people issuing the same for 5 years. When required, license renewal shall take place within the month of the fifth anniversary of the license holder's date of birth following the date of issuance. The license shall be issued within 14 days after application, and, if such application is denied, the reason for such denial shall be stated in writing, the original of which such writing shall be delivered to the applicant, and a copy kept in the office of the person to whom the application was made. The fee for licenses issued to residents of the state shall be $10, which fee shall be for the use of the town or city granting said licenses; the fee for licenses granted to out-of-state residents shall be $100, which fee shall be for the use of the state. The director of state police is hereby authorized and directed to prepare forms for the licenses required under this chapter and forms for the application for such licenses and to supply the same to officials of the cities and towns authorized to issue the licenses. The form shall require no more information than was required on the state of New Hampshire application for pistol/revolver license, form DSSP 85, as revised in December 2009. No other forms shall be used by officials of cities and towns. The cost of the forms shall be paid out of the fees received from nonresident licenses.

2  New Section; Public Safety and Welfare; Pistols and Revolvers; Immunity for Law Enforcement Officers.  Amend RSA 159 by inserting after section 6-f the following new section:

159:6-g  Immunity for Law Enforcement Officers.

A law enforcement officer who issues a license in good faith under RSA 159:6 or 159:8 shall be immune from liability resulting or arising from any action or misconduct with a firearm committed by any individual to whom a license to carry a firearm has been issued.

3  Effective Date.  This act shall take effect 60 days after its passage.