HB 1350 - AS INTRODUCED

2020 SESSION

20-2554

04/08

HOUSE BILL 1350

AN ACT requiring a locking safety device be provided for commercial firearm sales and transfers.

SPONSORS: Rep. Meuse, Rock. 29; Rep. Schultz, Merr. 18; Rep. Murphy, Hills. 21; Rep. Balch, Hills. 38; Rep. McBeath, Rock. 26; Rep. Levesque, Straf. 4; Sen. Hennessey, Dist 5; Sen. Dietsch, Dist 9

COMMITTEE: Criminal Justice and Public Safety

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ANALYSIS

This bill prohibits the sale or transfer of a firearm unless accompanied by an approved safety device.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2554

04/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty

AN ACT requiring a locking safety device be provided for commercial firearm sales and transfers.

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

1 Purpose. The general court finds that it is in the best interests of public safety to require all firearms sold commercially in New Hampshire to be sold with an approved trigger lock or secure storage device. The general court finds that this will protect public safety by reducing the risk of an unsecured weapon falling into the hands of a minor, a prohibited party, or an immediate family member adjudicated to be mentally ill.

2 New Subdivision; Firearm Safety Devices. Amend RSA 159 by inserting after section 26 the following new subdivision:

Firearm Safety Devices

159:27 Definitions. In this subdivision:

I. "Approved safety device" means a device which has been specifically authorized for this purpose by the commissioner of the department of safety.

II. "Commercial sale" means a transfer of ownership of a firearm listed or made available for public sale or exchange including but not limited to, a weapon purchased or exchanged for other goods and services at a licensed firearms dealer, a gun show, or via the commercial website of a dealer.

III. "Commissioner" means the commissioner of the department of safety.

IV. "Firearm" means any weapon or device designed to be used as a weapon, which will, is designed to, or may be readily converted to, expel a projectile by the action of an explosive, explosion, or other means of combustion, or the frame or receiver of such a device, provided the term "firearm" shall not include the term "antique firearm" as defined in 18 U.S.C. section 921(a)(16), or a weapon that has been rendered permanently inoperable and is incapable of being readily restored to a firing condition.

V. "Immediate family member" means a spouse, parent, stepparent, child, stepchild, sibling, stepsibling, grandparent, step-grandparent, grandchild, step-grandchild, great-grandparent, step-great-grandparent, great-grandchild, and step-great-grandchild.

VI. "Individual" means a natural person.

VII. "Minor" means a person under the age of 18.

VIII. "Law enforcement" means any person employed by the United States, or a state, county, city, or town, or other political subdivision as a police officer, peace officer, or another position involving the enforcement of the law and protection of the public interest.

IX. "Licensed firearms dealer," "licensed dealer," or "dealer" means a person who has a valid federal firearms dealer license under 18 U.S.C. Section 923(a), and all additional licenses required by state or local law to engage in the business of selling or transferring firearms.

X. "Seller" means a person offering a firearm for commercial sale or exchange.

XI. "Person" means any corporation, company, association, firm, partnership, club, organization, society, joint stock company or other entity, and shall include any entity that engages in business in this state, in whole or part, through Internet or mail order sales.

XII. "Prohibited person" means any individual or person who is prohibited from owning or possessing a firearm pursuant to 18 U.S.C. section 922(d) or pursuant to state law.

XIII. "Safety device" means:

(a) An attachment approved by the commissioner such as a trigger lock, cable lock, or other device featuring a combination lock, key, digital key, radio frequency tag, automated fingerprint identification system, biometric key, voice recognition key, or other locking mechanism capable of preventing the firearm from being discharged by a minor, a prohibited person, or other person not authorized by the owner; or

(b) A lockbox or storage device with a combination lock, key, digital key, radio frequency tag, automated fingerprint identification system, biometric key, voice recognition key, or other locking device approved by the commissioner capable of preventing access to the firearm by a minor, a prohibited person, or other person not authorized by the owner; or

159:28 Firearm Safety Device Required.

I.(a) No firearm shall be sold or transferred in this state by a licensed firearms dealer or a seller at a gun show unless such firearm includes or is accompanied by an approved firearm safety device.

(b) No firearm manufactured in this state shall be sold or transferred unless it includes or is accompanied by an approved firearm safety device.

II. Paragraph I shall not apply to:

(a) Antique firearms as defined in RSA 159:1.

(b) Personalized firearms or smart guns possessing an integrated RFID, biometric, voice identification, or electronic access mechanism which restricts the firearm from being discharged by any person other than its owner.

III. The commercial sale of a firearm shall be exempt from the requirements of paragraph I if:

(a) The purchaser or transferee owns a gun safe and the purchaser or transferee presents an original receipt for purchase of the gun safe to the firearms seller. In the case of an online sale, a photograph of the original receipt shall be acceptable; or

(b) The purchaser or transferee presents to the seller a working approved safety device in its original packaging to the firearms dealer when accepting delivery of the firearm.

IV. Any dealer or seller who violates the provisions of paragraph I shall be fined not more than $1,000.

V. The commissioner shall publish an annually updated list of approved firearm safety devices and shall post the list on the department of safety's public Internet site.

159:29 Existing Rights Preserved. Nothing in this subdivision shall be construed to reduce or limit any existing right to purchase and own a firearm or ammunition, or both, or to provide authority to any state or local agency to infringe upon the privacy of any family, home, or business except by lawful warrant.

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