HB 1255

This bill provides for an extended term license to carry a concealed weapon which would be valid unless revoked for cause. The bill requires the department of safety to conduct a criminal records check and protective order check every 4 years on each person holding an extended term license to carry.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 Section; Pistols and Revolvers; Extended Term License to Carry. Amend RSA 159 by inserting after section 6-f the following new section:

I. A resident or nonresident who holds a valid license to carry under RSA 159:6 may make application to the department of safety for an extended term license to carry a concealed firearm as follows:

(a) Upon receipt of an application for an extended term license to carry, the department of safety shall conduct an initial criminal history record check and a protective order check on each applicant to determine if the applicant is a suitable person to hold an extended term license. The license shall be issued, or a reason for denial provided, to an applicant within 14 days after application therefor.

(b) Upon granting an extended term license to an applicant, such license shall be valid until suspended or revoked for just cause and in writing by the department of safety. If an application for an extended term license is denied, the reason for such denial shall be stated in writing, the original of which writing shall be delivered to the applicant, and a copy thereof maintained by the department of safety. A licensee whose license has been denied, suspended, or revoked shall have the right to a hearing and appeal as set forth in RSA 159:6-b and RSA 159:6-c. Extended term licenses shall be in duplicate and bear the name, address, description, and signature of the licensee. The original shall be delivered to the licensee and a duplicate of such original shall be maintained on file at the department of safety.

II. Beginning 4 years after the initial date of issue, and every 4 years thereafter, the department of safety shall conduct a criminal history record check and a protective order check to review the suitability of each licensee to hold an extended term license. Based on this review, the department of safety may issue a suspension, revocation, or take no action.

III. There shall be an initial fee of $100 for licenses issued under this section which fee shall be for the use of the department of safety for the cost and administration of the extended term license program. A licensee whose license has been temporarily suspended shall be required to pay a fee of $100 to reinstate the license upon the expiration of the suspension period.

IV The commissioner of the department of safety shall prepare forms required for the extended term license available under this section and shall prepare forms for the application for such licenses. The cost of such forms shall be paid from the extended term license fees received.

2 Pistols and Revolvers; Confidentiality of Licenses. Amend RSA 159:6-a to read as follows:

159:6-a Confidentiality of Licenses. Notwithstanding the provisions of RSA 91-A:4 or any other provision of law to the contrary, all papers and records, including applications, pertaining to the issuance of licenses pursuant to RSA 159:6 and RSA 159:6-g and all licenses issued pursuant to said section are subject to inspection only by law enforcement officials of the state or any political subdivision thereof or of the federal government while in the performance of official duties or upon written consent, for good cause shown, of the superior court in the county where said license was issued.

3 Pistols and Revolvers; Suspension or Revocation; Appeals. Amend RSA 159:6-b, I to read as follows:

I. The issuing authority may order a license to carry a loaded pistol or revolver issued to any person pursuant to RSA 159:6 or RSA 159:6-g to be suspended or revoked for just cause, provided written notice of the suspension or revocation and the reason therefore is given to the licensee. A licensee whose license has been suspended or revoked shall be permitted a hearing on such suspension or revocation if a hearing is requested by the licensee to the issuing authority within 7 days of the suspension or revocation.

4 Pistols and Revolvers; Appeal from Denial, Suspension, or Revocation. Amend RSA 159:6-c to read as follows:

159:6-c Appeal From Denial, Suspension, or Revocation. Any person whose application for a license to carry a loaded pistol or revolver has been denied pursuant to RSA 159:6 or RSA 159:6-g or whose license to carry a loaded pistol or revolver has been suspended or revoked pursuant to RSA 159:6-b or RSA 159:6-g may within 30 days thereafter, petition the district or municipal court in the jurisdiction in which such person resides to determine whether the petitioner is entitled to a license. The court shall conduct a hearing within 14 days after receipt of the petition. During this hearing the burden shall be upon the issuing authority to demonstrate by clear and convincing proof why any denial, suspension, or revocation was justified, failing which the court shall enter an order directing the issuing authority to grant or reinstate the petitioner's license. The court shall issue its decision not later than 14 days after the hearing on whether the petitioner is entitled to a license.

5 Commission Established. There is established a commission to study the issue of reciprocity in concealed weapon permits statutes enacted in other jurisdictions.

(a) Two members of the house of representatives from the criminal justice and public safety committee, appointed by the speaker of the house.

(b) Two members of the house of representatives from the judiciary committee, appointed by the speaker of the house.

(f) Two members from the New Hampshire Arms Collectors Association, appointed by the executive authority of that organization.

(g) Two members from the New Hampshire chapter of the Gun Owners of America, appointed by the executive authority of that organization.

II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

7 Duties. The commission shall study the concealed weapon permit statutes enacted in other jurisdictions to determine the most effective method of implementing reciprocity in New Hampshire's concealed weapon permit statute.

8 Chairperson. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section.

9 Report. The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2002.

The Department states this bill intends to provide a valid holder of a license to carry a concealed firearm an opportunity to apply to the Department for an indefinite extended term for an initial fee of $100. If the license is suspended during the extended term, then the licensee must pay an additional $100 upon the expiration of the suspension. For this estimate, the Department assumes that no license will be suspended during the extended term. Currently, New Hampshire residents obtain the licenses from their local police department for $10 for four years, and non-residents obtain the licenses from the Department for $20 for four years. For the purpose of this estimate, the Department assumes that all licensees will apply for the extended term, which will eliminate all renewal fees to the local police departments and the Department. Although the Department has no accurate statistics on how many New Hampshire residents have licenses to carry concealed weapons, it estimates 100,000 spread out for the four years at 25,000 renewals per year. The Department receives around $47,000 per year in non-resident renewals (2,350 licenses). The Department estimates the total for in-state and out-of-state licenses issued annually at 27,350 (25,000 in-state + 2,350 out-of-state).

Upon receipt of an application for an extended term license, and every four years thereafter, the Department will be required to conduct a criminal history check and a protective order check. The Department assumes the $100 fee will cover all of these checks. The Department states it will need an additional Clerk (LG 8) to process applications and conduct the checks. The estimated fiscal impact is as follows:

FY 2003 FY 2004 FY 2005 FY 2006

State Revenue

Revenue (27,350 @ $100) $1,367,500 $2,735,000 $2,735,000 $2,735,000

Current revenue @ $25 23,500 47,000 47,000 47,000

State Revenue Increase $1,344,000 $2,688,000 $2,688,000 $2,688,000

Local Revenue

Loss of $10 license fee ($ 125,000) ($ 250,000) ($ 250,000) ($ 250,000)

Local Revenue Impact ($ 125,000) ($ 250,000) ($ 250,000) ($ 250,000)

State Expenses

Salary & Benefits (LG 8) $ 12,639 $ 26,306 $ 27,362 $ 28,417

Furniture & Equipment 2,000 0 0 0

Workspace rental 12,000 12,000 12,000 12,000

Total State Expenses $ 26,639 $ 38,306 $ 39,362 $ 40,417