HB 0736

HB 736-FN - AS INTRODUCED

AN ACT establishing the consumer safety firearms protection act.

SPONSORS: Rep. M. Fuller Clark, Rock 36; Rep. Konys, Hills 33; Rep. Clemons, Hills 31; Rep. Robb, Sull 11; Sen. Cohen, Dist 24; Sen. Wheeler, Dist 21

I. Provides that no firearm shall be sold or transferred in this state unless the sale or transfer is conducted by a federally licensed firearm importer, manufacturer, or dealer.

II. Provides that no firearm shall be sold or transferred in this state unless it attached to or accompanied by a certified firearm safety device.

III. Provides that no concealable handgun shall be sold or transferred in this state unless it has been tested and certified by an independent testing laboratory.

IV. Provides that no concealable handgun shall be sold or transferred in this state unless it is attached to or accompanied by a warning label.

V. Requires the attorney general to adopt rules for the certification of independent firearms testing laboratories for concealable handguns.

VI. Prescribes procedures for the sale or transfer of firearms or assault weapons.

VII. Establishes a minimum age of 21 to obtain a license to carry a concealed weapon.

VIII. Increases the minimum mandatory sentences for felonious use of a firearm to 2 years' imprisonment for the first offense, and 5 years' imprisonment for any subsequent offense.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT establishing the consumer safety firearms protection act.

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

1 New Chapter; Consumer Safety Firearms Protection. Amend RSA by inserting after chapter 159-D the following new chapter:

I. A handgun, or other firearm with a short stock which is designed to be held and fired by the use of a single hand, or any combination of parts from which such firearm can be assembled.

II. A rifle, or other firearm designed to be fired from the shoulder and using the energy of the explosive in a fixed metallic cartridge to fire a single projectile through a riffled bore for each single pull of the trigger.

III. A shotgun, or other firearm designed to be fired from the shoulder and using the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shots or a single projectile for each pull of the trigger, or any firearm designed to be fired from the shoulder which does not fire fixed ammunition.

I. Any person who is not a licensed importer, manufacturer, or dealer under 18 U.S.C. section 923, and who desires to sell, transfer, lease, or lend a firearm to another unlicensed person shall do so only at the place of business of a licensed importer, manufacturer, or dealer who shall perform each of the following:

(a) Obtain a completed consent form from the potential buyer or transferee, which form shall have been adopted by the department of safety and provided by the licensed importer, manufacturer, or dealer, which shall include the name, birth date, gender, race, and social security number or other identification number of such potential buyer or transferee.

(b) Inspect the identification containing a photograph of the potential buyer or transferee.

(c) Request for each potential buyer or transferee a criminal records check directly through the national instant criminal background check system (NICS) for the sale or transfer of any long gun or rifle, or through the department of safety for the sale or transfer of handguns, and receive a unique approval number for that inquiry, and recorded the date and such number on the consent form.

(d) Complete and maintain any sales records as required under 18 U.S.C. section 923 (g)(1)(A).

II. A licensed importer, manufacturer, or dealer may collect from the buyer or transferee of the firearm, a fee not to exceed $10.

I. A licensed importer, manufacturer, or dealer shall, prior to the sale or transfer of a rifle or shotgun to a person who is not a licensed importer, manufacturer, or dealer, perform a criminal background records check by contacting the national instant criminal background check system (NICS) to determine if the potential buyer or transferee is prohibited from receipt or possession of a firearm pursuant to state or federal law.

II. A licensed importer, manufacturer, or dealer shall, prior to the sale or transfer of a handgun to a person who is not a licensed importer, manufacturer, or dealer, perform a criminal background records check through the department of safety to determine if the potential buyer or transferee is prohibited from receipt or possession of a firearm pursuant to state or federal law.

III. In the event of electronic failure or similar emergency beyond the control of the department, the department shall immediately notify the requesting licensee of the reason for, and estimated length of, such delay. After such notification, the department shall, and in no event within 3 business days of the request for a criminal records background check, either inform the licensee that its records demonstrate that the potential buyer or transferee is prohibited from receipt or possession of a handgun pursuant to state or federal law or provide the licensee with a unique approval number. Unless notified within 3 business days of the request for a criminal records background check that the potential buyer or transferee is so prohibited, and without regard to whether he has received a unique approval number, the licensee may complete the sale or delivery and shall not be deemed in violation of this section with respect to such sale or delivery.

I. The provisions of RSA 159-E:2 and 159-E:3 shall not apply to sales, transfers, leases, or lending between spouses, between a parent and child, between siblings, or between grandparent and grandchild, provided such family members are law abiding citizens.

II. The provisions of RSA 159-E:2 and 159-E:3 shall also apply to sales, transfers, leases or lending arrangements made at gun shows flea markets, or through any print or electronic media, or at other events where firearms are displayed for sale.

I. Any person, licensed importer, manufacturer, or dealer who purchases, sells, transfers, or delivers a firearm to an unlicensed person without complying with the provisions of this chapter or who intentionally falsifies any information required on Form 4473 as developed by the Bureau of Alcohol, Tobacco, and Firearms, or any other state or federal form used to obtain information required under this chapter, shall be guilty of a class A misdemeanor.

II. Any person, purchaser, or transferee who in connection with the purchase, delivery, or transfer of a firearm under this chapter knowingly and intentionally makes any materially false oral or written statement or willfully furnishes or exhibits any false identification intended or likely to deceive the seller, licensed importer, licensed manufacturer, or licensed dealer shall be guilty of a class A misdemeanor.

159-E:6 Unsafe Handgun. In this subdivision, "unsafe handgun" means any pistol, revolver, or other firearm capable of being concealed upon the person which:

(a) Does not have a safety device that, either automatically in the case of a double-action firing mechanism, or by manual operation in the case of a single-action firing mechanism, causes the hammer to retract to a point where the firing pin does not rest upon the primer of the cartridge.

(d) Does not meet the melting test requirements for handguns pursuant to RSA 159-E:12.

(e) Does not have a load indicator, which for the purposes of this chapter shall mean any device that plainly indicates that a cartridge is in the revolver; or

(a) Does not have a positive manually operated safety device, as determined by standards relating to imported guns promulgated by the Bureau of Alcohol, Tobacco, and Firearms.

(d) Does not meet the melting test requirements for handguns pursuant to RSA 159-E:12.

(e) Does not have a loaded chamber indicator, which for the purposes of this chapter is shall mean any device that plainly indicates that the cartridge is in the firing chamber within the handgun.

(f) Does not have a magazine safety disconnect, which in this section means a device that prevents the firing of a handgun when the magazine is detached from the handgun.

(a) A device, other than a manual safety, that when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device.

(b) A device, other than a manual safety, incorporated into the design of the firearm that is designed to prevent the operation of the firearm by anyone not having access to the means to unlocking the device.

(c) A safe, gun safe, gun case, lock box, or other device that is designed to be or can be used to store a firearm that is designed to be unlocked only by means of a key, a combination, or other similar means.

(d) A device that operates by means of a combination, provided that such device must require the entry of at least three variables of numbers, letters or other appropriate symbols entered in a specific sequence on a keypad, dial or tumbler device.

(e) A gun-locking device must not have any exposed screws that, if removed, would render the gun locking device ineffective or be disengaged by a handcuff key or common household tool.

II. The sale or transfer of a firearm shall be exempt from this section if the purchaser or transferee owns a gun safe that meets the standards set forth in paragraph I. Gun safes shall not be required to be tested, and therefore may meet the standards without appearing on the attorney general register and the purchaser or transferee presents an original receipt for purchase of the gun safe, or other proof of purchase or ownership of the gun safe as authorized by the attorney general, to the firearms dealer. The dealer shall maintain a copy of this receipt or proof of purchase with the dealers' record of sales of firearms.

III. The sale or transfer of a firearm shall be exempt from this section if both of the following conditions apply:

(a) The purchaser or transferee purchases an approved safety device no more than 30 days prior to the day the purchaser or transferee takes possession of the firearm; and

(b) The purchaser or transferee presents an original receipt for purchase of the safety device, or other proof of purchase or ownership of the safety device as authorized by the attorney general, to the firearms dealer. The dealer shall maintain a copy of this receipt or proof of purchase with the dealers' record of sales of firearms.

(a) The manufacture in this state, or importation into this state, of any prototype pistol, revolver, or other firearm capable of being concealed upon the person when the manufacture or importation is for the sole purpose of allowing an independent laboratory certified by the attorney general pursuant to RSA 159-E:9 to conduct an independent test to determine whether such pistol, revolver, or other firearm is prohibited by this chapter, and, if not, for the department to add the firearm to the register of pistols, revolvers, and other firearms capable of being concealed upon the person that may be sold in this state pursuant to RSA 159-E:6.

(b) The manufacture, importation, or lending of a pistol, revolver, or other firearm capable of being concealed upon the person by employees or authorized agents determining whether the weapon is prohibited by this section.

(d) The sale to, purchase by, or possession of any pistol, revolver, or other firearm capable of being concealed upon the person by any state, county, or local law enforcement agency, personnel of the departments of corrections and safety, any district attorney's office, and armed forces personnel of this state or of the United States for use in the discharge of their official duties. Nothing in this section prohibit the possession of any pistol, revolver, or other firearm capable of being concealed upon the person by sworn members of these agencies, whether the sworn member is on or off duty, or an individual who is retired from service with a law enforcement agency and who is not otherwise prohibited from possessing a concealable firearm upon his or her retirement.

159-E:8 Penalty. A person who is a licensed importer, manufacturer, or dealer of firearms pursuant to 18 United States Code, section 923, and who imports, manufactures, or is engaged in business as a licensed firearms dealer in this state, and every person who imports into the state for sale, keeps for sale, or offers or exposes for sale any firearm, shall certify under penalty of perjury and any other remedy provided by law, that every model, kind, class, style, or type of pistol, revolver, or other firearm capable of being concealed upon the person which he or she manufactures or imports, keeps, or exposes for sale complies with the provisions of RSA 159-E:6. A violation of this section shall be a class A misdemeanor.

I. Any pistol, revolver, or other firearm capable of being concealed upon the person manufactured in this state, imported into the state for sale, kept for sale, or offered or exposed for sale, shall be tested by an independent laboratory certified in accordance with to determine whether that pistol, revolver, or other firearm capable of being concealed upon the person meets or exceeds the standards defined in RSA 159-E:6.

II. Within 6 months of the effective date of this section, the attorney general shall adopt rules, pursuant to RSA 541-A, to establish certification standards for independent testing laboratories. In order to obtain certification, a laboratory shall be capable of performing the firearms testing procedures set forth in RSA 159-E:10 through 159-E:12. The attorney general may charge any laboratory that is seeking certification to test any pistol, revolver, or other firearm capable of being concealed upon the person a fee not exceeding the costs of certification.

III. The certified testing laboratory shall, at the manufacturer's or importer's expense, test the firearm in accordance with this subdivision and submit a copy of the final test report directly to the attorney general along with a prototype of the weapon to be retained by the attorney general. The attorney general shall notify the manufacturer or importer of its receipt of the final test report and the attorney general's determination as to whether the firearm tested may be sold in this state.

I. In this section, "firing requirement for handguns" means a test in which the manufacturer provides 3 handguns of the make and model for which certification is sought, these handguns not being in any way modified from those that would be sold if certification is granted, to an independent testing laboratory certified by the attorney general pursuant rules adopted by the attorney general, under RSA 541-A, which shall conform to the provisions of this section. The laboratory shall fire 600 rounds from each gun, stopping after each series of 50 rounds has been fired for 5 to 10 minutes to allow the weapon to cool, stopping after each series of 100 rounds has been fired to tighten any loose screws and clean the gun in accordance with the manufacturer's instructions, and stopping as needed to refill the empty magazine or cylinder to capacity before continuing. The ammunition used shall be of the type recommended by the handgun manufacturer in the user manual, or if none is recommended, any standard ammunition of the correct caliber in new condition. A handgun shall pass this test if each of the three test guns meets both of the following:

(a) Fires the first 20 rounds without a malfunction that is not due to faulty magazine or ammunition.

(b) Fires the full 600 rounds with no more than six malfunctions that are not due to faulty magazine or ammunition and without any crack or breakage of an operating part of the handgun that increases the risk of injury to the user.

II. If a pistol or revolver fails the requirements of either subparagraph I(a) or (b) due to either a faulty magazine or faulty ammunition, the pistol or revolver shall be retested. A new model of the pistol or revolver that failed due to a faulty magazine or ammunition may be submitted for the test to replace the pistol or revolver that failed.

I. In this section, the "drop safety requirement for handguns" means that at the conclusion of the firing requirements for handguns described in RSA 159-E:10, the same certified independent testing laboratory shall subject the same 3 handguns of the make and model for which certification is sought to the following test:

(a) A primed case containing no powder or projectile shall be inserted into the chamber. For pistols, the slide shall be released, allowing it to move forward under the impetus of the recoil spring, and an empty magazine shall be inserted. For both pistols and revolvers, the weapon shall be placed in a drop fixture capable of dropping the pistol from a drop height of one meter plus one centimeter onto the largest side of a slab of solid concrete having minimum dimensions of 7-1/2 centimeters by 15 centimeters by 15 centimeters. The drop distance shall be measured from the lowest portion of the weapon to the top surface of the slab. The weapon shall be dropped from a fixture and not from the hand. The weapon shall be dropped with the hammer cocked and no manual safety applied. If the design of a pistol is such that upon leaving the hand a safety feature is automatically applied, this feature shall not be defeated. An approved drop fixture is a short piece of string with the weapon attached at one end and the other end held in an air vise until the drop is initiated.

(6) If there is an exposed hammer or striker, on the rearmost point of that device, otherwise on the rearmost point of the weapon.

II. The primer shall be examined for indentations after each drop. If indentations are present, a fresh primed case shall be used for the next drop. The handgun shall pass this test if each of the 3 test guns does not fire the primer.

I. In this section "melting test for firearms" means that, at the conclusion of the firing test requirement for handguns described in RSA 159-E:10 and the drop test requirement for handguns described in RSA 159-E:11, the same certified independent testing laboratory shall subject the same 3 handguns of the make and model for which certification is sought to the following test:

(a) Any frame, barrel, cylinder, slide, or breechblock that is composed of any metal having a melting point of less than 900 degrees Fahrenheit, or any metal having the ultimate tensile strength of less than 55,000 pounds per square inch, or any powdered metal having a density of less than 7-1/2 grams per cubic centimeter.

II. The handgun shall pass this test if each of the 3 test guns meets all of the criteria set forth in this section.

I. Within 9 months of the effective date of this section, attorney general shall compile, publish, and thereafter maintain a register listing all of the pistols, revolvers, and other firearms capable of being concealed upon the person that have been tested by a certified testing laboratory, and have been determined to comply with RSA 159-E:6 and thus may be sold in this state. The register shall list, for each firearm, the manufacturer, model number, and model name.

II.(a) The attorney general may charge every person in this state who is licensed as a manufacturer of firearms pursuant to 18 U.S.C. section 923 and any person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, or offers or exposes for sale any pistol, revolver, or other firearm capable of being concealed upon the person in this state, an annual fee not exceeding the costs of preparing, publishing, and maintaining the register and the costs of research and development, report analysis, firearms storage and other program infrastructure costs.

(b) A person who is an importer, manufacturer, or dealer licensed pursuant to 18 U.S.C. section 923, and who imports, manufactures, or offers for sale any pistol, revolver, or other firearm capable of being concealed upon the person and who fails to pay the fee required pursuant to subparagraph II(a), may be excluded from the register.

III.(a) A firearm shall be deemed to satisfy the requirements of this section if another firearm made by the same manufacturer is already listed on the register and the unlisted firearm differs from the listed firearm only in one or more of the following features:

(1) Finish, including, but not limited to, bluing, chrome-plating, oiling, or engraving.

(3) The shape or texture of the grips, so long as the difference in grip shape or texture does not in any way alter the dimensions, material, linkage, or functioning of the magazine well, the barrel, the chamber, or any of the components of the firing mechanism of the firearm.

(4) Any other purely cosmetic feature that does not in any way alter the dimensions, material, linkage, or functioning of the magazine well, the barrel, the chamber, or any of the components of the firing mechanism of the firearm.

(b) Any manufacturer seeking to have a firearm listed under this section shall provide to the attorney general of safety all of the following:

(2) The model designation of each firearm that the manufacturer seeks to have listed under this section.

(3) A statement, under oath, that each unlisted firearm for which listing is sought differs from the listed firearm only in one or more of the ways identified in subparagraph (a) and is in all other respects identical to the listed firearm.

(c) The attorney general shall have the discretion to require a manufacturer to provide to any model for which listing is sought under this section, to determine whether the model complies with the requirements of this section.

(a) The delivery of a pistol, revolver, or other firearm capable of being concealed upon the person to a person licensed pursuant to 18 U.S.C. section 923 for the purposes of the service or repair of that firearm.

(b) The return to its owner of a pistol, revolver, or other firearm capable of being concealed upon the person by a person licensed pursuant to 18 U.S.C. section 923 where such firearm was initially delivered to that licensee for the purpose of a consignment sale or as collateral for a pawnbroker loan.

(c) The sale, loan, or transfer of any pistol, revolver, or other firearm capable of being concealed upon the person which is defined as a curio or relic in 27 CFR 178.11.

(d) Any pistol, revolver, or other firearm capable of being concealed upon the person that was owned, sold or transferred prior to the effective date of this section.

(e) Any handgun, including any handgun with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898.

(f) Any replica of any handgun if such replica is not designed or redesigned to use rimfire or conventional centerfire fixed ammunition, or uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.

(h) Any rifle or shotgun which is incapable of being fired or discharged, regardless of date of manufacture, or was manufactured before 1898 for which cartridge ammunition is not commercially available, and is possessed as a curiosity or ornament or for its historical significance or value.

I. All firearms sold or transferred in this state by a licensed firearms dealer, including private transfers through a dealer, and all firearms manufactured in this state, shall include or be accompanied by a firearms safety device that is listed on the attorney general's register of approved firearms safety devices.

II. All firearms sold or transferred in this state by a licensed firearms dealer, including private transfers through a dealer, and all firearms manufactured in this state shall be accompanied with warning language or labels as described in RSA 159-E:16.

III. The sale or transfer of a firearm shall be exempt from this section if both of the following conditions apply:

(a) The purchaser or transferee owns a gun safe that meets the standards set forth in RSA 159-E:7. Gun safes shall not be required to be tested, and therefore may meet the standards without appearing on the attorney general's register.

(b) The purchaser or transferee presents an original receipt for purchase of the gun safe, or other proof of purchase or ownership of the gun safe as authorized by the attorney general, to the firearms dealer. The dealer shall maintain a copy of this receipt or proof of purchase with the dealers' record of sales of firearms.

IV. The sale or transfer of a firearm shall be exempt from this section if all of the following conditions apply:

(a) The purchaser or transferee purchases an approved safety device no more than 30 days prior to the day the purchaser or transferee takes possession of the firearm.

(b) The firearms dealer verifies that the requirements in this paragraph have been satisfied, and

V. Within one year of the effective date of this section, the attorney general shall adopt rules, pursuant to RSA 541-A, implementing minimum safety standards for firearms safety devices and gun safes to significantly reduce the risk of firearms-related injuries to children 17 years of age and younger. At a minimum, the rules shall:

(b) Address the risk of injury from self-inflicted gunshot wounds by unauthorized users.

(c) Include provisions to ensure that all firearms safety devices and gun safes are reusable and of adequate quality and construction to prevent children and unauthorized users from firing the firearm and to ensure that these devices cannot be readily removed from the firearm or that the firearm cannot be readily removed from the gun safe except by an authorized user utilizing the key, combination, or other method of access intended by the manufacturer of the device.

I. Within 18 months of the effective date of this section, the attorney general shall adopt rules, pursuant to RSA 541-A, for certification of laboratories qualified to verify compliance firearms safety device standards set forth in RSA 159-E:14.

II. The attorney general may charge any laboratory that is seeking certification to test firearms safety devices a fee not exceeding the costs of certification, including costs associated with the development and approval of regulations and standards pursuant to RSA 159-E:14.

III. The certified laboratory shall, at the manufacturer's or dealer's expense, test the firearms safety device and submit a copy of the final test report directly to the attorney general along with the firearms safety device. The attorney general shall notify the manufacturer or dealer of its receipt of the final test report and the attorney general's determination as to whether the firearms safety device tested may be sold in this state.

IV. The attorney general shall compile, publish, and thereafter maintain a register listing all of the safety devices that have been tested by a certified testing laboratory, have been determined to meet the department's standards for firearms safety devices and may be sold in this state. The register shall list, for each firearms safety device, the manufacturer, model number, and model name.

I. The packaging of any firearm and any descriptive materials that accompany any firearm sold or transferred in this state, or delivered for sale in this state, by any licensed manufacturer shall bear a label containing a warning statement in substantially the following form:

Children are attracted to and can operate firearms that can cause severe injuries or death. Prevent child access by always keeping guns locked away and unloaded when not in use. If you keep a loaded firearm where a child obtains and improperly uses it, you may be fined or incarcerated.

II. A yellow triangle containing an exclamation mark shall appear immediately before the word "Warning" on the label.

III. If the firearm is sold or transferred without accompanying packaging, the attorney general shall adopt rules, pursuant to RSA 541-A, relative to affixing the warning label or notice directly to the firearm itself.

(a) Displayed in its entirety on the principal display panel of the firearm's package, and on any descriptive materials that accompany the firearm.

(b) Displayed in both English and Spanish in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on that package or descriptive materials in a manner consistent with 16 CFR 1500.121, or successor regulations thereto.

V. The provisions of this section shall not apply to a firearm defined as an antique firearm in 18 U.S.C. section 921.

159-E:17 Recall of Firearm Safety Devices or Gun Safes. If at any time the attorney general determines that a firearms safety device or gun safe does not conform to the provisions of RSA 159-E:14, the attorney general may order the recall and replacement of the firearms safety device, or gun safe, or order that the firearm safety device or gun safe be brought into conformity with those requirements. If the firearms safety device cannot be separated from the firearm without damaging the firearm, the attorney general may order the recall and replacement of the firearm. If the firearms safety device can be separated and reattached to the firearm without damaging the firearm, the licensed manufacturer or licensed dealer shall immediately provide a conforming replacement as instructed by the attorney general.

159-E:18 Firearm Related Deaths or Injuries to Minors; Report. Each state, county or local law enforcement agency investigating an incident involving a firearm shall report to the department of health and human services any information obtained relating to any person 18 years of age or younger who suffered an unintentional or self-inflicted gunshot wound inflicted by a firearm that was sold, transferred, or manufactured in this state, and whether as a result of that incident the child died, suffered serious injury, or was treated for an injury by a medical professional.

159-E:19 Penalties. Any person, or any importer, manufacturer, or dealer licensed pursuant to 18 U.S.C. section 923 who purposefully sells, transfers, or delivers a firearm in violation of RSA 159-E:14 or 159-E:16 shall be:

I. To the sale, transfer, or delivery of any firearm to be used by full-time state, county, or local law enforcement personnel. Nothing in this section shall prohibit a local governing body or a state, county, or local law enforcement agency from requiring law enforcement personnel to store firearms in gun safes or to attach firearm safety devices to those firearms.

I. Any selective-fire firearm capable of fully automatic, semiautomatic, or burst fire at the option of the user or any of the following specified semiautomatic firearms:

II. A part or combination of parts designed or intended to convert a firearm into an assault weapon, or any combination of parts from which an assault weapon may be rapidly assembled if those parts are in the possession or under the control of the same person.

III. Any firearm that is another model made by the same manufacturer as one of the firearms listed in paragraph I, and has the same action design as one of the listed firearms, and is a redesigned, renamed, or renumbered version of one of the firearms listed in paragraph I, or has a slight modification or enhancement, including but not limited to a folding stock, adjustable sight, case deflector for left-handed shooters; shorter barrel; wooden, plastic, or metal stock; larger clip size, different caliber, or a bayonet mount; and

IV. Any firearm manufactured or sold by another company under a licensing agreement with the manufacturer of any of the firearms listed in paragraph I, which is entered into after the effective date of this section, to manufacture or sell firearms that are identical or nearly identical to those listed in paragraph I.

V.(a) A semiautomatic rifle that has an ability to accept a detachable magazine and has at least 2 of the following:

(2) A pistol grip that protrudes conspicuously beneath the action of the weapon.

(4) A flash suppressor or threaded barrel designed to accommodate a flash suppressor; and a grenade launcher.

(b) A semiautomatic pistol that has an ability to accept a detachable magazine and has at least 2 of the following:

(1) An ammunition magazine that attaches to the pistol outside of the pistol grip.

(2) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer.

(3) A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the non-trigger hand without being burned.

(2) A pistol grip that protrudes conspicuously beneath the action of the weapon, or

(3) A fixed magazine capacity in excess of 5 rounds; and an ability to accept a detachable magazine.

(b) Any firearm that is generally recognized as particularly suitable for or readily adaptable to sporting purposes under 18 U.S.C., section 925 (d)(3), or any regulation adopted pursuant to that law.

I. Any person who is not a licensed importer, manufacturer, or dealer under 18 U.S.C. section 923, who lawfully owns or possesses an assault weapon as defined in RSA 159-E:21, and who desires to sell, transfer, lease, or lend such assault weapon to an unlicensed person shall do so only at the place of business of a licensed importer, manufacturer, or dealer who shall perform each of the following:

(a) Obtain a completed consent form from the potential buyer or transferee, which form shall have been adopted by the department of safety and provided by the licensed importer, manufacturer, or dealer, which shall include only the name, birth date, gender, race, and social security number or other identification number of such potential buyer or transferee.

(b) Inspect the identification containing a photograph of the potential buyer or transferee.

(d) Complete and maintain any sales records as required under 18 U.S.C. section 923 (g)(1)(A).

II. A licensed importer, manufacturer, or dealer shall, prior to the sale or transfer of an assault weapon to a person who is not a licensed importer, manufacturer, or dealer, perform a criminal background records check by contacting the national instant criminal background check system (NICS) to determine if the potential buyer or transferee is prohibited from receipt or possession of a firearm pursuant to state or federal law.

III. A licensed importer, manufacturer, or dealer shall, prior to the sale or transfer of an assault weapon to a person who is not a licensed importer, manufacturer, or dealer, perform a criminal background records check through the department of safety to determine if the potential buyer or transferee is prohibited from receipt or possession of a firearm pursuant to state or federal law.

IV. In the event of electronic failure or similar emergency beyond the control of the department, the department shall immediately notify the requesting licensee of the reason for, and estimated length of, such delay. After such notification, the department shall, and in no event within 3 business days of the request for a criminal records background check, either inform the licensee that its records demonstrate that the potential buyer or transferee is prohibited from receipt or possession of a handgun pursuant to state or federal law or provide the licensee with a unique approval number. Unless notified within 3 business days of the request for a criminal records background check that the potential buyer or transferee is so prohibited, and without regard to whether he has received a unique approval number, the licensee may complete the sale or delivery and shall not be deemed in violation of this section with respect to such sale or delivery.

V. A licensed importer, manufacturer, or dealer may collect from the buyer or transferee of the assault weapon, a fee not to exceed $10.

VI. The provisions of this section shall not apply to purchases or transfers between spouses, between a parent and child, or between siblings.

I. Upon the effective date of this section, any person who, sells, transfers, distributes, transports, or imports into this state any assault weapon as defined in RSA 159-E:21, except as otherwise provided in this section, shall be guilty of a class A misdemeanor

(a) The possession of assault weapons by department of safety personnel, state, county, or local law enforcement agencies, department of corrections personnel, or the armed forces of this state or of the United States for use in the discharge of their official duties;

(b) A person who is the executor or administrator of an estate that includes an assault weapon which is disposed of as authorized by the probate court, if the disposition is otherwise permitted under this section;

I. Any person, or any importer, manufacturer, or dealer licensed pursuant to 18 U.S.C. section 923, who purposefully sells, transfers, or delivers an assault weapon in violation of RSA 159-E:22 shall be guilty of a class A misdemeanor.

II. Any person, or any importer, manufacturer, or dealer licensed pursuant to 18 U.S.C. section 923 who sells or transfers an assault weapon listed in RSA 159-E:21 to a person under 18 years of age shall be guilty of a class B felony and shall be sentenced to a term of imprisonment not to exceed 7 years. Such term shall be consecutive to any term of imprisonment imposed under this chapter.

(a) A person who is the executor or administrator of an estate that includes an assault weapon which is disposed of as authorized by the probate court if the disposition is permitted to this section

(c) The possession of assault weapons by department of safety personnel , state, county, or local law enforcement agencies, department of corrections personnel, or the armed forces of this state or of the United States for use in the discharge of their official duties.

2 Pistols and Revolvers; License to Carry Amended. RSA 159:6 is repealed and reenacted to read as follows:

I. The department of safety, upon application of any resident of the state, or upon application of non-resident, shall issue a license to such applicant authorizing the applicant to carry a loaded pistol or revolver in the state for not less than 4 years from the date of issue, provided that:

(a) The applicant is 21 years of age or older at the time the application is submitted.

(b) The applicant has good reason to fear injury to the applicant's person or property or has any proper purpose, including, but not limited to hunting, target shooting, and self-defense, and

II. The sheriff's department of the county in which the applicant resides or law enforcement officer in the town or city in which the applicant resides, shall furnish to the department of safety a signed statement indicating that the local sheriff or local law enforcement officer approves of the applicant obtaining a permit to carry a firearm.

III. The applicant shall file an application for a permit to carry with the local sheriff or local law enforcement officer. The applicant shall provide 2 current color passport pictures, taken within 6 months of the submitting the application, to the local sheriff or law enforcement officer upon filing the application. Upon review of the application, the local sheriff or local law enforcement agency can reject the application by refusing to submit the required approval of the local sheriff or law enforcement officer to the department of safety. Upon rejection of the application by the local sheriff or law enforcement officer, the reason for such denial shall be stated in writing, the original of which shall be delivered to the applicant, and a copy shall be retained by the local sheriff or law enforcement officer.

IV. Upon receiving initial approval notification from the local sheriff or local law enforcement officer, the department of safety shall conduct a criminal records background check on the applicant.

V. Upon approval from the department of safety, a license to carry shall be issued to the applicant, which shall include a color photograph of the recipient, within 14 days after the application is received by the department of safety, and if such application is denied, the reason for such denial shall be stated in writing, the original of which shall be delivered to the applicant, and a copy shall be retained by the department of safety.

VI. 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 department of safety for 4 years.

VII. License renewal shall take place by the end of the month of the fourth anniversary of the license holder's date of birth following the date of issuance. Upon renewal, the department of safety shall conduct a criminal records background check on the applicant.

VIII. The fee for licenses and renewal of licenses issued to residents of the state shall be $20, of which $10 shall be for the use of the local sheriff's department or local law enforcement agency and $10 fee for the criminal records background check conducted by the department of safety. The director of the state police is hereby authorized and directed to prepare forms for the licenses required under this chapter and forms for the application of such licenses. The cost of the fees shall be paid out of the fees received from nonresident licenses.

3 Criminal Background Checks; Department of Safety Confidentiality. Amend RSA 159-D:2, I to read as follows:

I. If the department of safety conducts criminal background checks under RSA 159-D:1 or RSA 159-E, any records containing information pertaining to a potential buyer or transferee who is not found to be prohibited from receipt or transfer of a firearm by reason of state or federal law, which are created by the department of safety to conduct the criminal background check, shall be confidential and may not be disclosed by the department or any officers or employees to any person or to another agency. The department shall destroy any such records [~~after it communicates the corresponding approval number to the licensee and, in any event, such records shall be destroyed~~] within one day after the day of the receipt of the licensee's [~~request~~] approval number.

4 Sentences and Limitations; Sentence for Felonious Use of a Firearm Amended. Amend RSA 651:2, II-b to read as follows:

II-b. A person convicted of the felonious use of a firearm, as provided in RSA 650-A:1, shall, in addition to any punishment provided for the underlying felony, be given a minimum mandatory sentence of [~~one year~~] 2 years imprisonment for a first offense and a minimum mandatory sentence of [3] 5 years' imprisonment for any subsequent offense. Neither the whole nor any part of the additional sentence of imprisonment hereby provided shall be served concurrently with any other term nor shall the whole or any part of such additional term of imprisonment be suspended. No action brought to enforce sentencing under this section shall be continued for sentencing, nor shall the provisions of RSA 651-A relative to parole apply to any sentence of imprisonment imposed.

AN ACT establishing the consumer safety firearms protection act.

The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from an agency.