SB 44-LOCAL – AS INTRODUCED

2007 SESSION

07-0255

09/04

SENATE BILL 44-LOCAL

AN ACT relative to licenses to carry pistols and revolvers.

SPONSORS: Sen. Burling, Dist 5; Rep. L. Hammond, Graf 11; Rep. Tholl, Coos 2

COMMITTEE: Judiciary

ANALYSIS

This bill permits an official authorized to issue licenses to carry pistols and revolvers to deny a license to any person the official reasonably believes to be a member of a terrorist or criminal organization. The bill also prohibits the award of attorney’s fees and costs personally against an employee or official of a licensing entity.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0255

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to licenses to carry pistols and revolvers.

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

1 License to Carry. Amend RSA 159:6, I to read as follows:

I. The selectmen of a town or the mayor or chief of police of a city or some full-time police officer designated by them respectively, upon application of any resident of such town or city, or the director of state police, or some person designated by such director, upon application of a nonresident, shall issue a license to such applicant authorizing the applicant to carry a loaded pistol or revolver in this state for not less than 4 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, and that the applicant is a suitable person to be licensed. Hunting, target shooting, or self-defense shall be considered a proper purpose. The official authorized to issue the license may deny a license to any person the official reasonably believes to be a member of a terrorist or criminal organization, as shown by sworn affidavit by such official or other law enforcement official or any other reliable person. The license shall be valid for all allowable purposes regardless of the purpose for which it was originally issued. The license shall be in duplicate and shall bear the name, address, description, and signature of the licensee. The original shall be delivered to the licensee and the duplicate shall be preserved by the people issuing the same for 4 years. When required, license renewal shall take place within the month of the fourth 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 law enforcement department of the town granting said licenses; the fee for licenses granted to out-of-state residents shall be $20, 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. 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 Remedies. Amend RSA 159:6-f, I to read as follows:

I. If any licensing entity [or employee or member of the city council or board of selectmen], in violation of the provisions of this chapter, refuses to comply with this chapter, such entity [or person] shall be liable for reasonable attorney’s fees and costs incurred in a lawsuit under this chapter to enforce the terms of this chapter, provided that the court finds that such lawsuit was necessary in order to obtain compliance with this chapter by the licensing authority. Fees shall not be awarded unless the court finds that the entity [or person knew or should have known that the conduct engaged in was a violation of this chapter] acted with gross negligence or malice in refusing to comply with this chapter or when the parties, by agreement, provide that no such fees shall be paid. [In any case in which fees are awarded under this chapter, upon a finding that an employee, or other official of a licensing entity has acted in bad faith in refusing to comply with this chapter, the court may award such fees personally against such employee or other official.] Under no circumstances shall the court award attorney’s fees and costs incurred in a lawsuit under this chapter against an employee or other official of a licensing entity.

3 Effective Date. This act shall take effect January 1, 2008.