SB 500  - AS INTRODUCED

 

 

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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ANALYSIS

 

This bill amends certain references to firearm to make them consistent with federal law.  The bill also removes the prohibition of carrying a loaded rifle or shotgun in or on a stationary motor vehicle, OHRV, snowmobile, or aircraft.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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] shall have the meaning set forth in 18 U.S.C. section 921.

3  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 fired at arm's length or bow and arrow, unless otherwise specifically permitted.

4  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] rifle or shotgun.

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] rifle or shotgun.

IV.  The provisions of this section shall not apply to law enforcement officers carrying [guns] a firearm in the line of duty.

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] is prohibited by state or federal law from carrying a firearm.

6  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.  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, shall be a violation of the provisions of this chapter.

7  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.

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