SB 0154

AN ACT requiring criminal records check prior to the sale or transfer of firearms.

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

This bill provides that any person who is not a licensed firearms importer, manufacturer, or dealer under 18 U.S.C. section 923, and who desires to sell or transfer a firearm to another unlicensed person shall do so only upon the place of business of a licensed importer, manufacturer, or dealer. Such importer, manufacturer, or dealer shall conduct a criminal record background check for prior to the sale or transfer of any firearm to an unlicensed person.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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

1 New Chapter; Sale or Transfer of Firearms. 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 or transfer a firearm to another unlicensed person shall do so only upon 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.

(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 this chapter shall not apply to transfers between spouses, between a parent and child, between siblings, or between grandparent and grandchild.

II. The provisions of this chapter shall apply to sales or transfers made at gun shows, flea markets, or other events where firearms are displayed for sale.

159-E:5 Penalty. 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 shall be guilty of a class A misdemeanor.

2 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:3, II 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.

The Department of Safety states this bill may increase state expenditures by an indeterminable amount in FY 2002 and each year thereafter. There will be no fiscal impact on state, county, and local revenue or county and local expenditures.

The Department states this bill intends to require a criminal records check through the National Instant Criminal Background Check System (NICS) for the sale or transfer of firearms. There is no charge for this type of check, however, the Department cannot estimate the total number of firearms sales that would be checked through the Division of State Police. The Department also stresses that at some point increases in the criminal records clerks' workload may necessitate hiring additional clerks at an annual salary and benefit cost of $22,000 to $26,000 per clerk. For these reasons, the Department is unable to determine the overall fiscal impact of this bill on the state.