SB577: relative to imposing a waiting period between the purchase and delivery of a firearm.

SB 577-FN - AS INTRODUCED

2024 SESSION

24-3125

09/06

SENATE BILL 577-FN

AN ACT relative to imposing a waiting period between the purchase and delivery of a firearm.

SPONSORS: Sen. Altschiller, Dist 24; Sen. Watters, Dist 4; Sen. Perkins Kwoka, Dist 21; Sen. Soucy, Dist 18; Sen. D'Allesandro, Dist 20; Sen. Whitley, Dist 15; Sen. Fenton, Dist 10; Sen. Chandley, Dist 11; Rep. Knab, Rock. 12; Rep. Malloy, Rock. 24; Rep. Selig, Straf. 10

COMMITTEE: Judiciary

ANALYSIS

This bill establishes a waiting period for the delivery of a firearm, subject to certain exceptions.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-3125

09/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to imposing a waiting period between the purchase and delivery of a firearm.

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

1 New Chapter; Purchase and Delivery of a Firearm. Amend RSA by inserting after chapter 159-E the following new chapter:

CHAPTER 159-F

PURCHASE AND DELIVERY OF A FIREARM

159-F:1 Purchase and Delivery of a Firearm.

I. No licensed importer, licensed manufacturer, licensed dealer, or licensed collector shall transfer, sell, trade, give, transport, or deliver a firearm to any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector until a waiting period of 3 days has expired. "Licensed importer," "licensed manufacturer," "licensed dealer," "licensed collector," and "firearm" shall have the same meaning as in 18 U.S.C. section 921.

II. A licensed importer, licensed manufacturer, licensed dealer, or licensed collector shall make available records of firearm sales for inspection by the Bureau of Alcohol, Tobacco, Firearms, and Explosives during normal business hours.

III. The waiting period shall not apply in the following circumstances:

(a) To the trade-in of a firearm to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector.

(b) To the purchase of a rifle or shotgun, upon a person's successfully completing a minimum of a 16-hour hunter education course offered by the department of fish and game. A person who is exempt from the hunter education course offered by the fish and game department and holds a valid New Hampshire hunting license shall be exempt from the waiting period under this section for the purchase of a rifle or shotgun.

(c) When a rifle or shotgun is being purchased by any active-duty state, county, or municipal law enforcement officer, active-duty state or county correctional officer, or active-duty member of the armed forces as defined in RSA 21:50, III.

(d) A person who:

(1) Has obtained a valid restraining order from a court under circumstances where the person feared for his or her own personal safety; or

(2) Expresses to a law enforcement officer a reasonable fear for his or her own personal safety.

159-F:2 Penalty. Any person who violates any provision of this chapter shall be guilty of a class B felony.

2 Effective Date. This act shall take effect January 1, 2025.

LBA

24-3125

11/29/23

SB 577-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to imposing a waiting period between the purchase and delivery of a firearm.

FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None

Estimated State Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund

None

Expenditures

Indeterminable

Funding Source

General Fund

Appropriations

$0

$0

$0

$0

Funding Source

None

Estimated Political Subdivision Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

County Revenue

$0

$0

$0

$0

County Expenditures

Indeterminable

Local Revenue

$0

$0

$0

$0

Local Expenditures

Indeterminable

METHODOLOGY:

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association