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CHAPTER 391
HOUSE BILL - FINAL VERSION
1994 SESSION 0290B
93-0335
05
HOUSE BILL NO. 438-FN
INTRODUCED BY: Rep. Pepino of Hills 40
REFERRED TO: Public Protection and Veterans Affairs
AN ACT requiring criminal history record and protective order checks for sales of handguns by dealers using a premium telephone service and making an appropriation therefor.
AMENDED ANALYSIS
This bill requires the department of safety to conduct a criminal history record and protective order check for sale of handguns by dealers and makes an appropriation for this purpose. Licensed dealers shall be required to use a premium telephone call-in service to request that the department conduct such check.
The protective order check is not required until SB 673-FN becomes law.
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EXPLANATION: Matter added appears in bold italics.
Matter removed appears in [brackets].
Matter which is repealed and reenacted or all new appears in regular type.
6jan94.....3619h
5/11/94....6458s
5/12/94....6494s
5/31/94....6693B-EBA
CHAPTER 391
HOUSE BILL - FINAL VERSION
0290B
93-0335
05
HB 438-FN
STATE OF NEW HAMPSHIRE
In the year of Our Lord one thousand
nine hundred and ninety-four
AN ACT
requiring criminal history record and protective order
checks for sales of handguns by dealers using a premium
telephone service and making an appropriation therefor.
Be it Enacted by the Senate and House of Represen-
tatives in General Court convened:
391:1 New Chapter; Criminal History Record and Protective Order Checks; Handguns. Amend RSA by inserting after chapter 159-B the following new chapter:
CHAPTER 159-C
SALE OF HANDGUNS; CRIMINAL RECORD CHECK
159-C:1 Sale of Handguns; Criminal History Record and Protective Order Check.
I. No importer, manufacturer, or dealer licensed pursuant to 18 U.S.C. 923 shall sell, transfer or deliver from his business inventory at his licensed premises any handgun to another person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, until he has:
(a) Obtained a completed consent form from the potential buyer or transferee, which form shall have been adopted by the department of safety and provided by the licensed importer, manufacturer, or dealer, which shall include only the name, birth date, gender, race, and social security number or other identification number of such potential buyer or transferee;
(b) Inspected identification containing a photograph of the potential buyer or transferee;
(c) Requested, by means of a single premium telephone call-in service for each potential buyer or transferee, that the department conduct a criminal history record check and protective order check; and
(d) Received a unique approval number for that inquiry from the department, and recorded the date and such number on the consent form.
II. For the purposes of this chapter "handgun" means:
(a) A firearm which has a short stock and is designed to be held and fired by the use of a single hand; and
(b) Any combination of parts from which a firearm described in subparagraph (a) can be assembled.
159-C:2 Department of Safety Investigation.
I. Upon receipt of a request for a criminal history record check or protective order check, the department of safety, during the licensee's call or by return call shall:
(a) Review its criminal history records and any protective order records in its possession, if any, to determine if the potential buyer or transferee is prohibited from receipt or possession of a handgun pursuant to state or federal law or protective order under RSA 173-B:6;
(b) Inform the licensee making the inquiry either that its records demonstrate that the potential buyer or transferee is so prohibited, or provide the licensee with a unique approval number.
II. In the event of electronic failure or similar emergency beyond the control of the department, the department shall immediately notify the requesting licensee of the reason for, and estimated length of, such delay. After such notification, the department shall, and in no event later than the end of the next business day of the licensee, either inform the licensee that its records demonstrate that the potential buyer or transferee is prohibited from receipt or possession of a handgun pursuant to state or federal law or provide the licensee with a unique approval number. Unless notified by the end of said next business day that the potential buyer or transferee is so prohibited, and without regard to whether he has received a unique approval number, the licensee may complete the sale or delivery and shall not be deemed in violation of this section with respect to such sale or delivery.
159-C:3 Confidentiality.
I. Any records containing any of the information set forth in RSA 159-C:1, I pertaining to a potential buyer or transferee who is not found to be prohibited from receipt or transfer of a handgun by reason of state or federal law which are created by the department of safety to conduct the criminal history record check or protective order check shall be confidential and may not be disclosed by the department or any officers or employees to any person or to another agency. The department shall destroy any such records after it communicates the corresponding approval number to the licensee and, in any event, such records shall be destroyed within 20 days after the day of the receipt of the licensee's request.
II. The department shall retain records containing any information set forth in RSA 159-C:1, I pertaining to a potential buyer or transferee who is prohibited from receipt or transfer of a handgun for 3 years.
III. Notwithstanding the provisions of this section, the department may maintain only a log of dates of requests for criminal history records checks and protective order checks and unique approval numbers corresponding to such dates for an indefinite period.
IV. Nothing in this section shall be construed to allow the department to maintain records containing the names of licensees who receive unique approval numbers or to maintain records of handgun transactions, including the names or other identification of licensees and potential buyers or transferees, including persons not otherwise prohibited by law from the receipt or possession of handguns.
159-C:4 Premium Telephone Call-In Service. The department of safety shall establish a premium telephone call-in service which shall be operational 7 days a week between the hours of 8:00 a.m. and 10:00 p.m. for purposes of responding to inquiries as described in this section from licensed importers, manufactures, and dealers. The department shall establish a minimum charge for the purpose of crediting the general fund $5 for each telephone call and the department shall employ and train such personnel as are necessary to administer expeditiously the provisions of this section.
159-C:5 Appeal. Any person who is denied the right to receive or purchase a handgun as a result of the procedures established by this chapter may request amendment of the record pertaining to him by petitioning the department of safety. If the department fails to amend the
record within 7 days, the person requesting the amendment may petition the superior court of the county of residence for an order directing the department to amend the record. The court shall award the petitioner an attorney's fee if it determines that the record should have been amended by the department. If the record as corrected demonstrates that such person is not prohibited from receipt or possession of a handgun by state or federal law, the department shall destroy any records it maintains which contain any information derived from the criminal history records and protective order check set forth in RSA 159-C:1, I.
159-C:6 Rules. The department of safety shall adopt rules, pursuant to RSA 541-A, to ensure the identity, confidentiality, and security of all records and data provided pursuant to this chapter.
159-C:7 Exceptions to Reporting. A licensed importer, manufacturer, or dealer is not required to comply with the provisions of this chapter in the event of:
I. Unavailability of telephone service at the licensed premises due to the failure of the entity which provides telephone service in the state, region, or other geographical area in which the licensee is located to provide telephone service to the premises of the licensee due to the location of said premises, or the interruption of telephone service by reason of hurricane, tornado, flood, natural disaster, or other act of God, or war, invasion, insurrection, riot, or other bona fide emergency, or other reason beyond the control of the licensee; or
II. Failure of the department of safety to comply reasonably with the requirements of RSA 159-C:2.
159-C:8 Defenses. Compliance with the provisions of this chapter shall be a complete defense to any claim or cause of action under the laws of this state for liability for damages arising from the importation or manufacture, or the subsequent sale or transfer of any handgun which has been shipped or transported in interstate or foreign commerce to any person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year.
159-C:9 Handgun Exceptions. The provisions of this chapter shall not apply to:
I. Any handgun, including any handgun with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898.
II. Any replica of any handgun described in paragraph I if such replica is not designed or redesigned to use rimfire or conventional centerfire fixed ammunition, or uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.
III. Any handgun which is a curio or relic as defined by 27 C.F.R. 178.11.
IV. Potential buyers or transferees who hold a valid permit to carry a concealed weapon pursuant to RSA 159:6 who exhibit such permit to a licensed importer, manufacturer, or dealer.
159-C:10 Penalties; Immunity.
I. Any licensed importer, manufacturer, or dealer who willfully and intentionally requests a criminal history record and protective order check from the department of safety for any purpose other than compliance with
RSA 159-C:1, or willfully and intentionally disseminates any criminal history record or protective order information to any person other than the subject of such information shall be guilty of a misdemeanor.
II. Any person who, in connection with the purchase, transfer, or attempted purchase or transfer of a handgun pursuant to RSA 159-C:1, willfully and intentionally makes any materially false oral or written statement or willfully and intentionally furnishes or exhibits any false identification intended or likely to deceive the licensee shall be guilty of a misdemeanor.
III. Any licensed importer, licensed manufacturer, or licensed dealer who willfully and intentionally sells, transfers or delivers a handgun in violation of this chapter shall be guilty of a misdemeanor.
IV. Any potential buyer or transferee who purchases a handgun for the purpose of transferring it to a person who is prohibited from possession of a handgun by state or federal law shall be guilty of a class B felony.
V. Any licensed importer, manufacturer, or dealer who in good faith relies upon a criminal history record and protective order check from the department pursuant to this chapter is immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
159-C:11 Annual Report. The department of safety shall provide the wildlife and recreation committee of the senate and the public protection and veteran affairs committee of the house of representatives an annual report including the number of inquiries made pursuant to this chapter for the prior calendar year. Such report shall include, but not be limited to, the number of inquiries received from licensees, the number of inquiries
resulting in a determination that the potential buyer or transferee was prohibited from receipt or possession of a handgun pursuant to state or federal law, the estimated costs of administering this chapter, the number of instances in which a person requests amendment of the record pertaining to such person pursuant to RSA 159-C:5, and the number of instances in which the superior court issued an order directing the department to amend a record pursuant to RSA 159-C:5.
391:2 Contingent Prospective Repeal. Sections 1, 3 and 4 of this act are repealed on the date that any federal law is effective that requires federally licensed firearms dealers to contact a federal or state government agency or official to determine whether receipt of a firearm by a prospective purchaser would violate federal or state law. If such federal law becomes effective, the commissioner of safety shall certify to the secretary of state the date that such federal law took effect.
391:3 Contingent Application. The check of protective order records as provided by this act shall not take effect until and unless SB 673-FN, of the 1994 legislative session, an act generally amending certain provisions relating to domestic violence, becomes law.
391:4 Appropriation. The sum of $41,934 for the fiscal year ending June 30, 1995, is hereby appropriated to the department of safety for the purpose of implementing this act. This appropriation is in addition to any other funds appropriated to the department of safety. The governor is authorized to draw his warrant for said sum out of any money in the treasury not otherwise appropriated.
391:5 Effective Date. This act shall take effect January 1, 1995.
Approved: June 10, 1994
Effective: January 1, 1995
LBAO
LSR 93-0335 *
Amended 1/5/94
Prepared 1/31/94
FISCAL NOTE for an act requiring criminal history record checks for sales of handguns by dealers using a toll-free telephone number.
FISCAL IMPACT:
The Department of Safety indicates this bill, as amended by the House, will increase state expenditures by $39,884 in FY 1995, by $76,802 in FY 1996, by $78,919 in FY 1997 and by $81,120 in FY 1998. There will be no impact on state, county and local revenues and county and local expenditures.
METHODOLOGY:
The Department states annual costs include 3 Clerks (LG 6) salaries and benefits of $62,502, toll free telephone of $5,000, office expenses of $10,000 and a one time computer equipment purchase of $2,500 to carry out the provisions of this bill. It is assumed that office and telephone expense will increase by 2% each year and labor grade step increases will be given beginning FY 1996.