CHAPTER 336
HB 537 - FINAL VERSION
14april99.....0527h
1july99.....2148-EBA
1999 SESSION
HOUSE BILL 537
AN ACT relative to background checks for firearms purchases.
SPONSORS: Rep. Pepino, Hills 40; Rep. Hunter, Hills 7; Rep. Tholl, Coos 5; Rep. Dickinson, Carr 2; Rep. Varrell, Rock 9; Sen. Cohen, Dist 24; Sen. D'Allesandro, Dist 20
COMMITTEE: Criminal Justice and Public Safety
The bill authorizes the department of safety to perform criminal history, protective order, and national instant criminal background checks for firearms purchases in accordance with the Brady Act. If the department performs such checks, the source of funding for such checks shall be federal grants or funds within the department's existing budget.
The bill also requires that information provided to the department by prospective firearms purchasers be kept confidential by the department.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14april99.....0527h
1july99.....2148-EBA
99-0014
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord One Thousand Nine Hundred and Ninety-Nine
AN ACT relative to background checks for firearms purchases.
Be it Enacted by the Senate and House of Representatives in General Court convened:
336:1 New Chapter; Sale of Firearms; Criminal Background Checks. Amend RSA by inserting after chapter 159-C the following new chapter:
CHAPTER 159-D
CRIMINAL BACKGROUND CHECKS
159-D:1 Sale of Firearms; Criminal History Record and Protective Order Check. The department of safety may become the point of contact for the federal government for the purposes of the National Instant Criminal Background Check System (NICS).
159-D:2 Confidentiality.
I. If the department of safety conducts criminal background checks under RSA 159-D:1, any records containing information pertaining to a potential buyer or transferee who is not found to be prohibited from receipt or transfer of a firearm by reason of state or federal law, which are created by the department of safety to conduct the criminal background 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 one day after the day of the receipt of the licensee's request.
II. The department shall retain records containing any information pertaining to a potential buyer or transferee who is prohibited from receipt or transfer of a firearm for 3 years.
III. Notwithstanding the provisions of this section, the department may maintain only a log of dates of requests for criminal background 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 firearm 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 firearms.
336:2 Funding. If the department of safety conducts criminal background checks as authorized in RSA 159-D, as inserted by section 1 of this act, the source of funding for such checks shall be federal grants or funds within the department's existing budget.
336:3 Effective Date. This act shall take effect upon its passage.
(Approved: November 3, 1999)
(Effective Date: November 3, 1999)
LBAO
99-0014
4/22/99
HB 537 FISCAL NOTE
AN ACT relative to background checks for firearms purchases.
FISCAL IMPACT:
The Department of Safety indicates that this bill, as amended by the House, may increase state restricted revenue and expenditures by an indeterminable amount in FY 1999 and each year thereafter. There is no impact on county and local revenue or expenditures.
METHODOLOGY:
The Department states this bill provides funding for criminal background checks by federal grants or within the Department's existing budget. To the extent that federal grants are received and spent, restricted revenue and expenditures will increase. If no federal funds are received, any increased costs would be assumed within the Department's existing budget.