HB 1632-FN - AS INTRODUCED
2016 SESSION
16-2558
08/09
HOUSE BILL 1632-FN
AN ACT establishing a criminal penalty for providing a firearm to a person prohibited from possessing a firearm.
SPONSORS: Rep. Rogers, Merr. 28; Rep. Rollo, Straf. 18; Rep. Horrigan, Straf. 6; Rep. Berrien, Rock. 18; Rep. C. Chase, Ches. 8; Rep. Berch, Ches. 1; Rep. P. Brown, Hills. 31; Sen. Pierce, Dist 5
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill establishes a criminal penalty for providing a firearm to a person prohibited from possessing a firearm.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
16-2558
08/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT establishing a criminal penalty for providing a firearm to a person prohibited from possessing a firearm.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Pistols and Revolvers; Transfer to Person Prohibited From Possessing a Firearm. Amend RSA 159:3 by inserting after paragraph I-a the following new paragraph:
I-b. A person is guilty of a class B felony if such person sells, gives or otherwise provides a firearm to any person he or she knows to be prohibited from possessing a firearm for any reason listed in subparagraph I(b) or is subject to any order of a court prohibiting possession of a firearm. It shall be prima facia evidence that the person intended to receive the firearm is not prohibited from possessing the firearm if the person is in possession of a valid license to carry under RSA 159:6 or if the transfer is approved through the division of state police, police permits and licensing unit gun line. If the person obtaining the firearm commits a felony and the person providing the firearm had knowledge of the intention to commit a criminal act, then the person shall be subject to the provisions of RSA 651:2, II(g).
2 Effective Date. This act shall take effect January 1, 2017.
16-2558
12/18/15
HB 1632-FN- FISCAL NOTE
AN ACT establishing a criminal penalty for providing a firearm to a person prohibited from possessing a firearm.
FISCAL IMPACT:
The Office of Legislative Budget Assistant states this bill, as introduced, may increase state and county expenditures by an indeterminable amount in FY 2017 and each year thereafter. The Department of Safety states this bill may increase state expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no fiscal impact on local expenditures or state, county, and local revenue.
METHODOLOGY:
The Office of Legislative Budget Assistant states this bill contains penalties that may have an impact on the New Hampshire judicial and correctional systems. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the Judicial Branch, Department of Corrections, Judicial Council and New Hampshire Association of Counties have provided the Office with potential costs associated with the penalties contained in this bill. See table below for average cost information:
FY 2017 | FY 2018 |
|
|
$449 | $470 |
Varies | Varies |
|
|
Has contract with State to provide services. | Has contract with State to provide services. |
$756/Case | $756/Case |
$60/Hour up to $4,100 | $60/Hour up to $4,100 |
|
|
$34,336 | $34,336 |
$520 | $520 |
|
|
Indeterminable | Indeterminable |
$85 to $110 | $85 to $110 |