SB 0375

AN ACT requiring a firearm safety program prior to the issuance of a concealed weapons permit.

SPONSORS: Sen. Cohen, Dist 24; Sen. Fernald, Dist 11; Sen. Pignatelli, Dist 13; Sen. Wheeler, Dist 21; Rep. M. Fuller Clark, Rock 36; Rep. Konys, Hills 33

This bill requires applicants for a license to carry a concealed weapon to complete a firearm safety program prior to obtaining a 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 Subdivision; Pistols and Revolvers. Amend RSA 159 by inserting after section 25 the following new subdivision:

159:26 Firearm Safety Program Required. On or after January 1, 2004, any person applying for a license to carry under RSA 159:6 shall complete a certified firearm safety program as set forth in this subdivision.

I. On or before January 1, 2003, the department of safety shall develop the course content and instructional materials for the firearm safety course. The course shall consist of not less than 2 nor more than 8 hours of instruction, and at a minimum shall include instruction in the following areas:

(a) A safe handling and firing demonstration encompassing both a semiautomatic pistol and revolver, the content, form, and manner of which shall be prescribed by the department of safety. The demonstration shall be performed by an instructor certified by department of safety. Under the direct supervision of the certified instructor, using department approved safety procedures, and in accordance with firing range practices, the safe handling demonstration shall include, but not be limited to, requiring the applicant to perform the following:

(7) If the pistol has a detachable magazine, remove the magazine while a round is in the chamber and demonstrate that the weapon may be fired even through the magazine is removed, if the weapon has that capability.

II. The department of safety shall prescribe a written test to be administered by an instructor certified by the department of safety. If the person taking the test is unable to read, the examination shall be administered orally. At a minimum, the test shall cover the following: the laws applicable to a license to carry; the responsibilities of ownership of firearms, current federal and state law as it relates to the private sale and transfer of firearms; current federal and state law as it relates to the permissible use of lethal force; the benefits of safe firearm storage, issues associated with bringing a handgun into the home; and prevention strategies to address issues associated with bringing firearms into the home.

159:28 Fee. A fee to cover the cost of the firearm safety program and issuance of the firearm safety certificates may be charged by the instructor to each person participating and receiving instruction in the firearm safety course. In addition, the department of safety may impose a charge not to exceed $10 for each person participating and receiving instruction in the firearm safety course to cover the department's cost. The fee shall be collected at the time the applicant's license to carry is approved.

I. The department of safety shall designate as a firearm safety instructor any applicant who is otherwise qualified pursuant to this subdivision. The certified instructor applicant shall demonstrate that he or she is not prohibited from possessing a firearm by passing a criminal history record and protective order check pursuant to RSA 159-D. The applicant shall have a valid certification as a firearm safety trainer from one of the following organizations, or any entity found by the department of safety to give competent instruction in firearm safety:

(a) Federal Bureau of Investigation: Certified Rangemaster or Firearm Instructor.

(b) Federal Law Enforcement Training Center: Firearm Instructor Training Program or Rangemaster.

(d) National Rifle Association: Certified Instructor, Law Enforcement Instructor, Rangemaster, or Training Counselor.

II. The certified instructor certificates shall be valid for 3 years from the date of issuance. It shall be the responsibility of the certified instructor to submit a completed and signed renewal application prior to expiration of the certificate. Application for certified instructor certificate shall be made on a form prescribed by the department of safety. If at any time the certified safety instructor does not meet the requirements of this section, such instructor's certified instructor certificate shall no longer be valid.

III. On or before January 1, 2003, the department of safety shall develop an instructional manual and, if necessary, audiovisual materials, to be issued to all instructors certified by department of safety. The department of safety shall make the instructional manual available to certified instructors, who shall make it available to the general public. The manual shall prescribe the minimum level of skill, knowledge, and competency to be required of all certified instructors and develop and provide guidelines to be used to certify instructors.

IV. The department of safety may solicit input from any reputable association or organization which has as one of its objectives the promotion of firearm safety, in the development of the firearm safety course. The department of safety shall develop firearm safety certificates to be issued to those persons who have satisfied the firearm safety program requirements

159:30 Certification of Existing Firearm Training Program. Upon application to the department of safety, the department shall certify any existing firearm safety course or program, which provides, at a minimum, the requirements specified in RSA 159:27, and shall authorize the course or program to issue firearm safety certificates to those who complete the course or program.

I. Upon successful completion of the firearm safety program, specified in RSA 159:27, the certified instructor shall immediately issue a firearm safety certificate. Any person who fails to successfully complete the program shall be given additional instructional materials by the certified instructor to review and shall not attempt to complete the firearm safety program under any circumstances until at least 24 hours have elapsed. A person failing the written portion of the firearm safety program shall take another version of the written test upon the subsequent attempt. All tests shall be taken from the same certified instructor except upon permission by the department of safety, which shall only be granted for good cause shown. The certified instructor shall make himself or herself available to the applicant during regular business hours in order to retake the test. A person who fails the test a second time shall not make another attempt to complete the firearm safety program until at least 24 hours have elapsed.

II. The firearm safety certification issued by the certified instructor shall contain the name, most recent mailing address, date of birth, expiration date of certification, and a signature line for the applicant's signature.

159:32 Renewal of License to Carry. Prior to the renewal of a license to carry, the renewal applicant shall either complete the firearm safety program, or provide proof of completing a firearm safety course as required under RSA 159:27 or another certified firearm safety course or program as provided under RSA 159:30. If the applicant has previously satisfied the firearm safety program requirement, the renewal applicant must pass the written test to be administered by a certified instructor. The renewal applicant shall not be required to perform the safe handling and firing demonstrations.

159:33 Revocation and Reinstatement. If the issuing authority revokes the license to carry pursuant to RSA 159:6-b, the licensee, at the discretion of the court, may be required to successfully complete the firearm safety program prior to reinstatement of the license.

159:34 Exemptions. The following individuals shall be exempt from completing a firearm safety program:

I. Individuals who are sworn police or peace officers actively employed by the state of New Hampshire.

159:35 Prohibited Acts. No certified firearm safety instructor shall commit any of the following acts:

I. Answering a test question for an applicant during the objective test relating to basic firearms safety.

IV. Taking or allowing another person to take the basic firearm safety program for an applicant.

VII. Reference to or use of unauthorized materials during the examination by the applicant.

159:36 Penalty. Any person who knowingly violates any provision of this subdivision shall be guilty of a class A misdemeanor.

159:37 Rules. The department of safety shall adopt rules, pursuant to RSA 541-A, necessary for the implementation of this subdivision.

159:38 Immunity. The department of safety and any firearm safety instructors certified by the department of safety shall be immune from any liability arising from implementing this subdivision.

The Department of Safety indicates this bill will increase state revenue by $250,000 in FY 2004 and each year thereafter, and will increase state expenditures by $174,964 in FY 2003, $99,018 in FY 2004, $102,207 in FY 2005 and by $105,604 in FY 2006. There will be no fiscal impact on county and local revenue or expenditures.

The Department states it will hire a State Trooper, labor, grade 18 and a Clerk, labor grade 9 in FY 2003 to develop the course content, instruction materials and the instructional manual, and will begin offering the course in FY 2004. The associated costs are shown below.

The Department expects that, beginning in FY 2004, 25,000 individuals will take the course per year at a cost of $10. Therefor, the Department will receive $250,000 each year.

FY 2003 FY 2004 FY 2005 FY 2006

Salary/Benefits Trooper $ 48,687 $50,712 $ 52,845 $ 55,187

Salary/Benefits Clerk 25,277 26,306 27,362 28,417

Furniture & Equipment 10,000 0 0 0

Instructional Manual 75,000 0 0 0

Office Supplies 10,000 10,000 10,000 10,000

Rent 6,000 12,000 12,000 12,000

Total $174,964 $99,018 $102,207 $105,604

This bill is unclear as to where the fees will be deposited and what fund the expenditures will become a charge against.