HB1368: requiring firearms owners to have liability insurance.

HB 1368-FN - AS INTRODUCED

2016 SESSION

16-2559

05/03

HOUSE BILL 1368-FN

AN ACT requiring firearms owners to have liability insurance.

SPONSORS: Rep. Rogers, Merr. 28; Rep. Rollo, Straf. 18; Rep. Berch, Ches. 1; Rep. Horrigan, Straf. 6; Rep. Cilley, Straf. 4; Rep. C. Chase, Ches. 8

COMMITTEE: Commerce and Consumer Affairs

ANALYSIS

This bill requires the seller, purchaser, and owner of a firearm to be covered by a qualified liability insurance policy.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16-2559

05/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Sixteen

AN ACT requiring firearms owners to have liability insurance.

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

1 New Chapter; Firearm Liability Insurance. Amend RSA by inserting after chapter 407-D the following new chapter:

CHAPTER 407-E

Firearm Liability Insurance

407-E:1 Purchase and Sale of Firearms; Liability Insurance Required.

I. No person shall:

(a) Purchase a firearm unless, at the time of the purchase, the purchaser presents to the seller proof that the purchaser is covered by a qualified liability insurance policy.

(b) Sell a firearm unless, at the time of the sale, the seller verifies that the purchaser is covered by a qualified liability insurance policy.

II. Any person who owns a firearm purchased on or after the effective date of this section shall purchase and maintain a qualified liability insurance policy for the firearm.

III. Paragraphs I and II shall not apply to the purchase or sale of a firearm for the use of the state of New Hampshire or any department or agency of the state of New Hampshire, or any department, agency, or political subdivision of the state.

IV. In this section, "qualified liability insurance policy" means, with respect to the purchaser of a firearm, a policy that:

(a) Provides liability insurance covering the purchaser specifically for losses resulting from use of the firearm while it is owned by the purchaser; and

(b) Is issued by an insurer licensed or authorized to provide the coverage by the state insurance regulatory authority for the state in which the purchaser resides.

407-E:2 Penalty. Any person who violates this chapter shall be fined not more than $10,000.

2 Applicability. Any person who possesses a firearm on or before the effective date of this act shall comply with the requirements of this act on or before January 1, 2017.

3 Effective Date. This act shall take effect January 1, 2017.

LBAO 16-2559

11/5/15

HB 1368-FN- FISCAL NOTE

AN ACT requiring firearms owners to have liability insurance.

FISCAL IMPACT:

The New Hampshire Insurance Department states this bill, as introduced, will increase state revenue by an indeterminable amount in FY 2017 and in each year thereafter. There will be no fiscal impact on state, county or local expenditures or on county or local revenue.

METHODOLOGY:

The Insurance Department states the proposed legislation would require the seller, purchaser and owner of a firearm to be covered by liability insurance. This bill would impact individuals and businesses who own, buy, or sell firearms, but would not impact insurance costs for any government entity and would not impact expenditures at the Insurance Department. There would be a small but indeterminable increase in premium tax revenue equal to 1.25% of additional premiums paid.