HB 1635-FN – AS INTRODUCED
2010 SESSION
04/05
HOUSE BILL 1635-FN
AN ACT prohibiting the open carrying of a firearm in a public building.
SPONSORS: Rep. Burridge, Ches 3; Rep. Robertson, Ches 3; Rep. Osborne, Merr 12
COMMITTEE: Criminal Justice and Public Safety
This bill prohibits the open carrying of a pistol, revolver, firearm, or other deadly weapon in a public building.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2196
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT prohibiting the open carrying of a firearm in a public building.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Pistols and Revolvers; Firearms in Public Buildings. Amend RSA 159 by inserting after section 19-a the following new section:
159:19-b Firearms in Public Buildings Prohibited.
I. No person shall knowingly and openly carry a loaded or unloaded pistol, revolver, or firearm or any other deadly weapon as defined in RSA 625:11, V, whether such person has a license under RSA 159:6 or is unlicensed, upon the person or within any of the person’s possessions owned or within the person’s control while inside a public building. Whoever violates the provisions of this paragraph shall be guilty of a class B felony.
II. A notice of the provisions of paragraph I may be conspicuously posted at each public entrance to a public building.
III. In this section, “public building” means any building, structure, or place owned or operated by the state or one of its political subdivisions, and shall include the university system of New Hampshire and the community college system of New Hampshire.
2 Pistols and Revolvers; Exceptions. Amend RSA 159:5 to read as follows:
159:5 Exceptions. The provisions of RSA 159:3 [and 4], RSA 159:4, and RSA 159:19-b 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.
3 Effective Date. This act shall take effect 60 days after its passage.
LBAO
10-2196
12/16/09
HB 1635-FN - FISCAL NOTE
AN ACT prohibiting the open carrying of a firearm in a public building.
FISCAL IMPACT:
The Judicial Branch, the Judicial Council, the Department of Justice, Department of Corrections, Department of Safety, the New Hampshire Association of Counties, and the New Hampshire Municipal Association state this bill may increase state, county and local expenditures by an indeterminable amount in FY 2010 and each year thereafter. There will be no fiscal impact on state, county and local revenue.
METHODOLOGY:
The Judicial Branch states this bill will add RSA 159:19-b to prohibit the carrying of firearms in a public building and amends RSA 159:5 to not include law enforcement from the prohibition. Violations of the prohibition would be punished as a class B felony. The Branch has no information to estimate how many new class B felonies would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. The Branch states the average cost of an average routine felony case is $335.98 in FY 2010 and each year thereafter. The Branch states it would take 30 additional felony cases annually to have a fiscal impact in excess of $10,000. However, the possibility of appeals reduces the number of cases needed for a fiscal impact to the Branch in excess of $10,000. The Branch further states the carrying of firearms in court facilities is already prohibited and enforced by the Branch, therefore this will have no fiscal impact on the Branch.
The Judicial Council states this bill may result in an indeterminable increase in general fund expenditures. The Council states if an individual is found to be indigent, the flat fee of $756.24 per felony is charged by a public defender or contract attorney. If an assigned counsel attorney is used the fee is $60 per hour with a cap of $4,100 for a felony charge. The Council also states additional costs could be incurred if an appeal is filed. The public defender, contract attorney and assigned counsel rates for Supreme Court appeals is $2,000 per case, with many assigned counsel attorneys seeking permission to exceed the fee cap. Requests to exceed the fee cap are seldom granted. Finally, expenditures would increase if services other than counsel are requested and approved by the court during the defense of a case or during an appeal.
LBAO
10-2196
12/16/09
The Department of Justice states the criminal offense created by this bill could be prosecuted by a local prosecutor or county attorney’s office. If an appeal is filed, the Department would have increased expenditures. The Department is unable to estimate how many cases would be prosecuted by the Department or appealed to the Supreme Court.
The Department of Corrections states the average annual cost of incarcerating an individual in the general prison population for the fiscal year ending June 30, 2009 was $33,110. The cost to supervise an individual by the Department’s division of field services for the fiscal year ending June 30, 2009 was $744. The Department states this bill may increase expenditures by an indeterminable amount, but is unable to predict the number of individuals that might be impacted.
The Department of Safety states this bill will increase state expenditures by an indeterminable amount. The Department is not able to predict the frequency this law would be violated to determine the fiscal impact.
The New Hampshire Association of Counties states to the extent an individual is prosecuted, convicted, and sentenced to incarceration, the counties may have increased expenditures. The Association is unable to determine the number of individuals who might be detained or incarcerated as a result of this bill. The average cost to incarcerate an individual in a county facility is $35,342 a year.
The New Hampshire Municipal Association states this bill may increase costs to owners of municipal buildings by a small but indeterminable amount in order to meet the requirement to post notice.
The Department of Administrative Services does not anticipate this bill will result in any additional expenses or costs.
The Legislative Branch states any costs would be minimal and absorbed with no additional funding.