HB 1271

AN ACT repealing the license to carry provisions of state law.

SPONSORS: Rep. Marple, Merr 37; Rep. L. Christiansen, Hills 66; Rep. Goyette, Hills 66; Rep. Gilman, Graf 9; Rep. Nutter, Merr 37

This bill repeals the statute that prohibits carrying a pistol or revolver without obtaining a permit and repeals additional statutory provisions concerning procedures associated with the license to carry a pistol or revolver.

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

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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

I. The general court finds that on June 21, 1788, in convention, the people of the state of New Hampshire did impartially discussed and fully considered the Constitution for the United States of America.

II. The general court acknowledges the specific conditional terms of ratification in article first wherein it "explicitly declares that all powers not expressly and particularly delegated by the aforesaid constitution are reserved to the several states to be, by them exercised."

III. Article twelfth clearly states, "Congress shall never disarm any citizen unless such as are or have been in actual rebellion."

IV. The second amendment of the Constitution for the states united clearly enumerates "the right of the people to keep and bear arms shall not be infringed"; and

V. A right cannot be diminished by the creation of the people, the creation shall honor their oaths to protect and defend the people's rights.

159:5 Exceptions. The provisions of RSA 159:3 [~~and 4~~] shall not apply to marshals, sheriffs, policemen or other duly appointed peace and other law enforcement officers, or bailiffs and court officers responsible for court security; nor to the regular and ordinary transportation of pistols or revolvers as merchandise, nor to members of the armed services of the United States when on duty; nor to the national guard when on duty; nor to organizations by law authorized to purchase or receive such weapons; nor to duly authorized military or civil organizations when parading, or the members thereof when at, or going to or from, their customary places of assembly.

V. The licensee shall not be entitled to carry any firearms while hunting under the provisions of this section, unless such licensee also possesses a valid firearms hunting license [~~or a valid license to carry firearms issued pursuant to RSA 159~~].

4 Off Highway Recreational Vehicles and Trails; Loaded Firearms Forbidden. Amend RSA 215-A:20 to read as follows:

215-A:20 Loaded Firearms Forbidden. No person shall carry on an OHRV, or a trailer towed by same, any firearms unless said firearm is unloaded. This section shall not apply to law enforcement officers carrying firearms in the course of duty [~~or to pistols carried under a permit issued pursuant to the authority of RSA 159~~].

5 New Section; Pistols and Revolvers; Certification in Lieu of Permit. Amend RSA 159 by inserting after section 6-f the following new section:

159:6-g Certification in Lieu of Permit. Any person desiring to carry a concealed weapon outside of this state, and who is in lawful possession of a concealed weapon, may request a certificate from the department of safety which shall be issued, and shall state that under New Hampshire law, such person is lawfully carrying a concealed weapon and that the certificate is issued in lieu of a permit or license for the purposes of reciprocity with other jurisdictions which have reciprocal concealed carry agreements with New Hampshire.

I. RSA 21-P:7, I (b), relative to the issuance of nonresident pistol permits by the state police.

II. RSA 21-P:14, II (f), relative rules adopted by the commissioner of the department of safety for the issuance of nonresident pistol permits.

III. RSA 159:4, relative to the prohibition on carrying a pistol or revolver without a license.

IV. RSA 159:6, relative to procedures for obtaining a license to carry a pistol or revolver.

V. RSA 159:6-a, relative to confidentiality of a license to carry a pistol or revolver.

VI. RSA 159:6-b, relative to suspension or revocation of a license to carry a pistol or revolver.

VII. RSA 159:6-c, relative to appeal from denial, suspension, or revocation of a license to carry a pistol or revolver.

VIII. RSA 159:6-d, relative to full faith and credit for a license to carry a pistol or revolver obtained in other states.

IX. RSA 159:6-e, relative to violations of provisions relating to the license to carry a pistol or revolver.

X. RSA 159:6-f, relative to remedies for refusal to comply with provisions relating to obtaining a license to carry a pistol or revolver.

The Department of Safety has determined this bill will decrease state general fund revenue by $47,500 in FY 2006 and by $95,000 each year thereafter. The Department cannot estimate the amount of decrease in local revenue in FY 2005 and each year thereafter. There will be no fiscal impact on county revenue or state, county and local expenditures.

The Department stated this bill will repeal the statutes related to pistol permits which includes a $20 fee paid by out-of-state residents. Based on historical data, the Department estimates it will lose approximately $95,000 annually in general fund unrestricted revenue received for out-of-state pistol permits. With an effective date of January 1, 2005, the Department estimates the loss in FY 2005 to be $47,500. The fee for NH residents is $10 and is for the use of the law enforcement department of the town granting said licenses. The Department is unable to estimate the amount of reduced local revenue resulting from the repeal.