HB 381-FN - AS AMENDED BY THE SENATE
05/08/2025 1826s
2025 SESSION
25-0447
06/08
HOUSE BILL 381-FN
AN ACT limiting liability for certain design features of firearms.
SPONSORS: Rep. Belcher, Carr. 4; Rep. Corcoran, Hills. 28; Rep. Tom Mannion, Hills. 1; Rep. Sabourin, Rock. 30
COMMITTEE: Criminal Justice and Public Safety
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AMENDED ANALYSIS
This bill limits liability for firearm manufacturers regarding specific design features.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/08/2025 1826s 25-0447
06/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT limiting liability for certain design features of firearms.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Limitation of Actions Against Firearm Manufacturers. Amend RSA 507-D by inserting after section 5 the following new section:
507-D:6 Limitation of Actions Against Firearm Manufacturers.
I. In any product liability action involving a firearm, the manufacturer of the firearm shall not be liable in tort under any theory of defective product design, failure to warn, negligence, strict product liability, or any other claim based on the absence or presence of any of the following features:
(a) A magazine disconnect mechanism;
(b) A loaded chamber indicator;
(c) Authorized user recognition technology; or
(d) An external mechanical safety, including but not limited to a hinged, pivoting, or tabbed trigger safety.
II. Nothing in this section shall be construed to limit liability for a firearm manufacturer in cases where the claimant establishes that the firearm contained an actual manufacturing defect or failed to operate in a manner consistent with the manufacturer’s express warranty or representations.
III. This section shall not alter or limit any other defense available to firearm manufacturers under RSA 507-D or any other applicable law.
IV. If any provision of this section or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, to the fullest extent permitted by law, and to this end the provisions of this chapter are declared to be severable.
V. In this section:
(a) "Firearm" shall have the same meaning as provided in RSA 173-B:1, XI.
(b) "Magazine disconnect mechanism" shall mean a mechanism that prevents a semiautomatic firearm from firing when the detachable magazine is not fully inserted in the firearm.
(c) "Loaded chamber indicator" shall mean a mechanism or feature intended to indicate to the user that a cartridge is in the firing chamber of a firearm.
(d) "Authorized user recognition technology" shall mean a mechanism, device, or technology applied to a firearm that prevents a user not authorized by the owner from firing the firearm.
(e) "External manual safety" shall mean a manually operated mechanism that, when engaged, blocks the trigger from functioning.
2 Applicability. RSA 507-D:6 as inserted by section 1 of this act shall apply to any action filed on or after the effective date of this section. It shall not affect any claim that has been fully adjudicated, settled, or dismissed prior to the effective date of this section.
3 Effective Date. This act shall take effect upon its passage.
25-0447
12/11/24
HB 381-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT:
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Estimated State Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund | None | |||||
Expenditures* | Indeterminable | |||||
Funding Source | General Fund | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
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Estimated Political Subdivision Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | Indeterminable | |||||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | Indeterminable | |||||
METHODOLOGY:
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association
| Date | Amendment |
|---|---|
| April 7, 2025 | 2025-1481s |
| April 30, 2025 | 2025-1826s |
| Date | Body | Type |
|---|---|---|
| Jan. 30, 2025 | House | Hearing |
| Jan. 30, 2025 | House | Exec Session |
| Jan. 30, 2025 | House | Floor Vote |
| April 10, 2025 | Senate | Hearing |
| April 10, 2025 | Senate | Hearing |
| May 8, 2025 | Senate | Floor Vote |
May 8, 2025: Pending Motion OT3rdg; 05/08/2025; SJ 12
May 8, 2025: Sen. Gannon Moved Laid on Table, RC 16Y-8N, MA; 05/08/2025; SJ 12
May 8, 2025: Ought to Pass with Amendment #2025-1826s, RC 16Y-8N, MA; 05/08/2025; SJ 12
May 8, 2025: Committee Amendment # 2025-1826s, RC 16Y-8N, AA; 05/08/2025; SJ 12
May 8, 2025: Sen. Gannon Moved Laid on Table, RC 16Y-8N, MA; 05/08/2025; SJ 12
May 8, 2025: Committee Amendment # 2025-1826s, RC 16Y-8N, AA; 05/08/2025; SJ 12
May 1, 2025: Committee Report: Ought to Pass with Amendment # 2025-1826s, 05/08/2025, Vote 3-2; SC 20
April 3, 2025: Hearing: 04/10/2025, Room 100, SH, 01:30 pm, on proposed amendment #2025-1481s; SC 16
April 3, 2025: Hearing: 04/10/2025, Room 100, SH, 01:15 pm; SC 16
March 11, 2025: Introduced 03/06/2025 and Referred to Judiciary; SJ 7
Feb. 20, 2025: Ought to Pass: MA RC 205-168 02/20/2025 HJ 6 P. 37
Feb. 11, 2025: Minority Committee Report: Inexpedient to Legislate
Feb. 11, 2025: Majority Committee Report: Ought to Pass 01/30/2025 (Vote 8-7; RC) HC 12 P. 16
Jan. 31, 2025: Executive Session: 01/30/2025 10:30 am LOB 202-204
Jan. 22, 2025: Public Hearing: 01/30/2025 01:30 pm LOB 202-204
Jan. 8, 2025: Introduced 01/08/2025 and referred to Criminal Justice and Public Safety HJ 2 P. 17