SB 500 - AS AMENDED BY THE SENATE
03/08/2018 0966s
2018 SESSION
18-2796
04/10
SENATE BILL 500
AN ACT amending references to firearms terminology.
SPONSORS: Sen. Avard, Dist 12; Sen. Bradley, Dist 3
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill amends the definition of firearm in certain statutes. The bill also removes the prohibition on carrying a loaded rifle or shotgun in or on a stationary motor vehicle, OHRV, snowmobile, or aircraft. The bill also defines air rifle for the purpose of the fish and game laws.
The bill also allows the taking of wildlife with a muzzleloader, crossbow, or air rifle.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/08/2018 0966s 18-2796
04/
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT amending references to firearms terminology.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Pistols and Revolvers. Amend RSA 159:12, II(a) to read as follows:
(a) Fathers, mothers, grandparents, guardians, administrators or executors who give a pistol or revolver to their children or wards or to heirs to an estate.
2 Protection of Persons From Domestic Violence; Definitions. Amend RSA 173-B:1, XI to read as follows:
XI. "Firearm'' means any weapon, including a starter gun, which will [or], is designed to, or may readily be converted to expel a projectile by [force of gunpowder] the action of an explosive.
3 General Provisions as to Fish and Game; Definitions. Amend RSA 207:1, I to read as follows:
I. Air Rifle: A gun operated by a compressed air or nonflammable gas cylinder by which a projectile of any size or kind can be discharged or propelled.
I-a. Angling: The taking of fish by line in hand, or rod in hand to which is attached a cast of artificial flies, or an artificial bait, or hooks or other devices for the attachment of bait. A person may have in use not more than 2 such lines at one time. Nothing in this title shall prohibit the use of a rod-holder in a boat.
4 New Paragraph; General Provisions as to Fish and Game; Definitions. Amend RSA 207:1 by inserting after paragraph V the following new paragraph:
V-a. “Firearm” means any weapon, including a starter gun, which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive.
5 New Paragraph; General Provisions as to Fish and Game; Definitions. Amend RSA 207:1 by inserting after paragraph XIV the following new paragraph:
XIV-a. “Loaded” shall mean a round in the chamber fully dischargeable by pulling the trigger.
6 General Provisions as to Fish and Game; Lawful Methods of Taking. Amend RSA 207:3, I to read as follows:
I. Wildlife shall be taken in the daytime between 1/2 hour before sunrise and 1/2 hour after sunset with a gun, firearm, muzzleloader, or air rifle, fired at arm's length, or bow and arrow or crossbow, unless otherwise specifically permitted.
7 Hunting From Motor Vehicle, OHRV, Snowmobile, Boat, or Aircraft. Amend RSA 207:7, II-IV to read as follows:
II. No person shall [have or] carry, in or on a motor vehicle, OHRV, snowmobile, or aircraft, [whether] when moving [or stationary], a cocked crossbow, a loaded rifle or loaded shotgun, [or a rifle or shotgun with a cartridge in a magazine or clip attached to the gun] except a person or a person's agent while in the act of protecting his or her interest in their livestock or crops. Such person or the person's agent may carry a loaded rifle or shotgun while traveling through or between farming or agricultural areas while in the course of protecting his or her interest in their livestock or crops.
III. No person shall have in or on a boat or other craft while being propelled by mechanical power, or in a boat or other craft being towed by a boat or other craft propelled by mechanical power, a cocked crossbow, a loaded rifle or loaded shotgun[, or a rifle or shotgun with a cartridge in a magazine or clip attached to the gun].
IV. The provisions of this section shall not apply to law enforcement officers carrying guns or firearms in the line of duty.
8 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] is prohibited by state or federal law from carrying a firearm.
9 Hunting, Fishing, Trapping; Refusing Licenses. Amend RSA 214:17 to read as follows:
214:17 Refusing Licenses; Appeal. The executive director and his agents shall refuse to issue any license to hunt if it appears that the applicant is [not a suitable person to carry firearms] prohibited by state or federal law from carrying a firearm. Any person who has been refused a license by an agent shall have the right of appeal to the executive director, whose decision, given after hearing, shall [be final] not be reviewable for a period of one year from the date of the refusal. Any attempt to secure a license from another agency, after having been refused by an agency and before appealing to the executive director, and any attempt to secure a license from any source in the same year that the executive director, on appeal, has decided that the applicant is [not a suitable person to carry firearms] prohibited by state or federal law from carrying a firearm, shall be a violation of the provisions of this chapter.
10 Obstructing Governmental Operations; Taking a Firearm From a Law Enforcement Officer. Amend RSA 642:3-a, V(a) to read as follows:
(a) "Firearm'' [has the meaning given that term in section 921 of Title 18 of the United States Code] means any weapon, including a starter gun, which will, is designed to, or may be readily converted to expel a projectile by the action of an explosive.
11 Repeal. RSA 214:18, relative to the executive director's authority to suspend or revoke the license of a physically or mentally improper or incompetent person, is repealed.
12 Effective Date. This act shall take effect 60 days after its passage.