12feb92.....4871h 3776L
3/19/92.....5384s 92-2428
CofC Rpt....5787h 05
05/11/92....6245L-EBA
HOUSE BILL NO. 1305 (CHAPTER 273, LAWS OF 1992)
INTRODUCED BY: Rep. McRae of Hillsborough Dist. 6
REFERRED TO: Public Protection and Veterans Affairs
AN ACT permitting the carrying and selling of antique gun and sword canes and prescribing penalties for the criminal use of pistol canes and sword canes.
AMENDED ANALYSIS
This bill permits the sale of pistol canes and sword canes.
This bill also makes it a crime for any person to use a pistol cane or sword cane on another person with intent to commit a crime.
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EXPLANATION: Matter added appears in bold italics.
Matter removed appears in [brackets].
Matter which is repealed and reenacted or all new appears in regular type.
3776L
92-2428
05
HB 1305
STATE OF NEW HAMPSHIRE
In the year of Our Lord one thousand
nine hundred and ninety-two
AN ACT
permitting the carrying and selling of antique gun and sword canes
and prescribing penalties for the criminal use of
pistol canes and sword canes.
Be it Enacted by the Senate and House of Represen-
tatives in General Court convened:
1 Pistol Definition; Reference Added. Amend RSA 159:1 to read as follows:
159:1 Definition. Pistol or revolver, as used herein, means any firearm with barrel less than 16 inches in length. It does not include antique pistols, gun canes, or revolvers. An antique pistol, gun cane, or revolver, for the purposes of this chapter, means any pistol, gun cane, or revolver utilizing an early type of ignition, including, but not limited to, flintlocks, wheel locks, matchlocks, percussions and pin-fire, but no pistol, gun cane, or revolver which utilizes readily available center fire or rim-fire cartridges which are in common, current use shall be deemed to be an antique pistol, gun cane, or revolver. Nothing in this section shall prevent antique pistols, gun canes, or revolvers from being owned or transferred by museums, antique or arms collectors, or licensed gun dealers at auctions, gun shows, or private premises provided such ownership or transfer does not conflict with federal statutes.
2 Pistol Cane Sale; Reference Removed. Amend RSA 159:16 to read as follows:
159:16 Carrying or Selling Weapons. Whoever, except as provided by the laws of this state, sells, has in his possession with intent to sell, or carries on his person any stiletto, switch knife, [sword cane, pistol cane,] blackjack, dagger, dirk-knife, slung shot or metallic knuckles shall be guilty of a misdemeanor; and such weapon or article so carried by him shall be confiscated to the use of the state.
3 New Section; Criminal Use of Sword Cane or Pistol Cane. Amend RSA 159 by inserting after section 19 the following new section:
159:19-a Criminal Use of Pistol Cane or Sword Cane.
I. Any person who uses a pistol cane or sword cane on another person with intent to commit a crime punishable as a misdemeanor shall be guilty of a misdemeanor.
II. Any person who uses a pistol cane or sword cane on another person with intent to commit a crime punishable as a felony shall be guilty of a class B felony.
III. Neither the whole nor any part of a sentence of imprisonment imposed for a violation of this section shall be served concurrently with any other term of imprisonment.
4 Effective Date. This act shall take effect 60 days after its passage.