HB 29 – AS INTRODUCED

2011 SESSION

11-0030

04/01

HOUSE BILL 29

AN ACT permitting a person to petition the superior court for any action pertaining to a pistol or revolver license.

SPONSORS: Rep. Cunningham, Sull 2; Rep. Bowers, Sull 3; Rep. Laware, Sull 5; Rep. Howard, Sull 2; Sen. Odell, Dist 8

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill allows a person to seek relief in the superior court for any action pertaining to a pistol or revolver license.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0030 04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT permitting a person to petition the superior court for any action pertaining to a pistol or revolver license.

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

1 Appeal From Denial, Suspension, or Revocation. Amend RSA 159:6-c to read as follows:

159:6-c Appeal From Denial, Suspension, or Revocation. Any person whose application for a license to carry a loaded pistol or revolver has been denied pursuant to RSA 159:6 or whose license to carry a loaded pistol or revolver has been suspended or revoked pursuant to RSA 159:6-b may within 30 days thereafter, petition the district [or], municipal, or superior court in the jurisdiction in which such person resides to determine whether the petitioner is entitled to a license. The court shall conduct a hearing within 14 days after receipt of the petition. During this hearing the burden shall be upon the issuing authority to demonstrate by clear and convincing proof why any denial, suspension, or revocation was justified, failing which the court shall enter an order directing the issuing authority to grant or reinstate the petitioner's license. The court shall issue its decision not later than 14 days after the hearing on whether the petitioner is entitled to a license.

2 Effective Date. This act shall take effect 60 days after its passage.