HB 1632-FN - AS INTRODUCED

2016 SESSION

16-2558

08/09

HOUSE BILL 1632-FN

AN ACT establishing a criminal penalty for providing a firearm to a person prohibited from possessing a firearm.

SPONSORS: Rep. Rogers, Merr. 28; Rep. Rollo, Straf. 18; Rep. Horrigan, Straf. 6; Rep. Berrien, Rock. 18; Rep. C. Chase, Ches. 8; Rep. Berch, Ches. 1; Rep. P. Brown, Hills. 31; Sen. Pierce, Dist 5

COMMITTEE: Criminal Justice and Public Safety

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ANALYSIS

This bill establishes a criminal penalty for providing a firearm to a person prohibited from possessing a firearm.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16-2558

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Sixteen

AN ACT establishing a criminal penalty for providing a firearm to a person prohibited from possessing a firearm.

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

1  New Paragraph; Pistols and Revolvers; Transfer to Person Prohibited From Possessing a Firearm.  Amend RSA 159:3 by inserting after paragraph I-a the following new paragraph:

I-b.  A person is guilty of a class B felony if such person sells, gives or otherwise provides a firearm to any person he or she knows to be prohibited from possessing a firearm for any reason listed in subparagraph I(b) or is subject to any order of a court prohibiting possession of a firearm.  It shall be prima facia evidence that the person intended to receive the firearm is not prohibited from possessing the firearm if the person is in possession of a valid license to carry under RSA 159:6 or if the transfer is approved through the division of state police, police permits and licensing unit gun line.  If the person obtaining the firearm commits a felony and the person providing the firearm had knowledge of the intention to commit a criminal act, then the person shall be subject to the provisions of RSA 651:2, II(g).

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

LBAO

16-2558

12/18/15

HB 1632-FN- FISCAL NOTE

AN ACT establishing a criminal penalty for providing a firearm to a person prohibited from possessing a firearm.

FISCAL IMPACT:

The Office of Legislative Budget Assistant states this bill, as introduced, may increase state and county expenditures by an indeterminable amount in FY 2017 and each year thereafter.  The Department of Safety states this bill may increase state expenditures by an indeterminable amount in FY 2017 and each year thereafter.  There will be no fiscal impact on local expenditures or state, county, and local revenue.

METHODOLOGY:

The Office of Legislative Budget Assistant states this bill contains penalties that may have an impact on the New Hampshire judicial and correctional systems.  There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the Judicial Branch, Department of Corrections, Judicial Council and New Hampshire Association of Counties have provided the Office with potential costs associated with the penalties contained in this bill.  See table below for average cost information:

Judicial Branch

Routine Criminal Felony Case

Appeals

It should be noted average case cost estimates for FY 2017 and FY 2018 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types.

Judicial Council

Public Defender Program

Contract Attorney – Felony

Assigned Counsel – Felony

It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%).

Department of Corrections

FY 2015 Average Cost of Incarcerating an Individual

FY 2015 Average Cost of Supervising an Individual on Parole/Probation

NH Association of Counties

County Prosecution Costs

Estimated Average Daily Cost of Incarcerating an Individual

Class B felonies are typically prosecuted by county prosecutors.  In those instances where the Department of Justice has prosecutorial responsibility or is involved with appeals for a conviction related to the offense contained in this bill, the Department would absorb the cost within its existing budget.  If the bill results in the Department needing to prosecute significantly more cases or be involved in significantly more appeals, then there may be an indeterminable increase in costs to the Department.  

The Department of Safety states this bill would have a limited effect on current operations of the State Police Permits and Licensing Unit.  The Department does note it is possible the bill would increase the transfer of firearms through the use of a Federal Firearm Licensed Dealer and thereby increase the number of back ground checks completed by the State Police Gun Line and the costs associated with the back ground checks.