5Jan2012… 2679h

05/02/2012 1891s





AN ACT relative to carrying a loaded, concealed pistol or revolver without a license.

SPONSORS: Rep. Hoell, Merr 13; Rep. Burt, Hills 7; Rep. Cunningham, Sull 2; Rep. Itse, Rock 9; Sen. Forsythe, Dist 4; Sen. Bradley, Dist 3; Sen. White, Dist 9; Sen. Lambert, Dist 13; Sen. De Blois, Dist 18

COMMITTEE: Criminal Justice and Public Safety


This bill:

I. Increases the length of time for which a license to carry a pistol or revolver is valid, and reduces the fee for nonresidents wishing to obtain a license to carry.

II. Allows a person to carry a loaded, concealed pistol or revolver without a license provided such person is not otherwise prohibited by law.

III. Requires the director of the division of state police to negotiate and enter into agreements with other jurisdictions to recognize in those jurisdictions the validity of the license to carry issued in this state.

IV. Clarifies to whom a pistol or revolver may be sold.

V. Allows a person who has obtained a license to hunt with a bow and arrow to carry a firearm if he or she is otherwise qualified under the license to carry statute.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

5Jan2012… 2679h

05/02/2012 1891s




In the Year of Our Lord Two Thousand Eleven

AN ACT relative to carrying a loaded, concealed pistol or revolver without a license.

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

1 Pistols and Revolvers; Carrying Without License. RSA 159:4 is repealed and reenacted to read as follows:

159:4 Carrying Without License.

I. No person shall carry a loaded pistol or revolver concealed upon his or her person, except in his or her dwelling, house, or place of business who:

(a) Is prohibited from possessing a weapon under any provision of this chapter;

(b) Is subject to a court order under RSA 173-B which prohibits such person from possessing a dangerous weapon or requires such person to relinquish dangerous weapons in his or her possession;

(c) Has been convicted of a crime of domestic violence;

(d) Is currently serving any terms of imprisonment, is on probation or parole, is a fugitive from justice, or is subject to a condition of bail prohibiting possession of a weapon;

(e) Is less than 18 years of age;

(f) Is an illegal alien;

(g) Is an unlawful user of or addicted to any controlled drug or controlled drug analog, as defined in RSA 318-B;

(h) Has been adjudicated as a mental defective or has been committed to a mental institution;

(i) Has been discharged from the United States Armed Forces under dishonorable conditions; or

(j) Having been a citizen of the United States, has renounced his or her citizenship.

II. Whoever violates the provisions of this section shall, for the first such offense, be guilty of a misdemeanor. For the second and for each subsequent violation of the provisions of this section, such person shall be guilty of a class B felony, provided such second or subsequent violation has occurred within 7 years of the previous conviction.

III. Nothing in this section shall restrict the right of a person to carry a loaded pistol or revolver concealed upon his or her person if such person possesses a valid license issued pursuant to RSA 159:6.

2 Pistols and Revolvers; License to Carry. Amend RSA 159:6 to read as follows:

159:6 License to Carry.

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] 5 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 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] 5 years. When required, license renewal shall take place within the month of the [fourth] fifth 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 or city granting said licenses; the fee for licenses granted to out-of-state residents shall be [$100] $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. The form shall require no more information than was required on the state of New Hampshire application for a pistol/revolver license, form DSSP 85, as revised in December 2009. 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.

II. No photograph or fingerprint shall be required or used as a basis to grant, deny, or renew a license to carry for a resident or nonresident, unless requested by the applicant.

III. The availability of a license to carry a loaded pistol or revolver under this section or under any other provision of law shall not be construed to prohibit the unlicensed transport or carrying of a firearm in a vehicle, or on or about one’s person, whether openly or concealed, loaded or unloaded, by a resident, nonresident, or alien, if such individual is not otherwise prohibited by statute from possessing a firearm in the state of New Hampshire.

3 Pistols and Revolvers; Reciprocity. RSA 159:6-d is repealed and reenacted to read as follows:

159:6-d Reciprocity. The director of the division of state police shall negotiate and enter into reciprocal agreements in other jurisdictions to recognize in those jurisdictions the validity of the license issued under RSA 159:6. The director shall apply to every jurisdiction with which New Hampshire does not currently have a reciprocity agreement, at least once every 5 years to obtain recognition in those jurisdictions of the license issued under RSA 159:6. Any such agreement executed shall not expire unless an expiration date is required under the statutes of the reciprocal jurisdiction.

4 Pistols and Revolvers; Exemption. Amend RSA 159:14 to read as follows:

159:14 Exemption. None of the provisions of this chapter shall prohibit an individual not licensed under the provisions thereof who is not engaged in the business of selling pistols or revolvers from selling a pistol or revolver to a person who is licensed under this chapter, to a New Hampshire resident who may lawfully own firearms, or to a person personally known to him or her.

5 Game Animals; Bow and Arrow. Amend RSA 208:5, V to read as follows:

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, or is otherwise qualified pursuant to RSA 159:6, III.

6 Effective Date. This act shall take effect upon its passage.



Revised 09/12/11


AN ACT relative to carrying a loaded, concealed pistol or revolver without a license.