HB 609-FN - AS INTRODUCED

2025 SESSION

25-0889

11/09

HOUSE BILL 609-FN

AN ACT relative to the general court's authority over the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, and other matter pertaining to firearms, stun guns, Tasers, pepper spray devices, knives and other self-defense tools.

SPONSORS: Rep. Farrington, Straf. 8; Rep. Aures, Merr. 13; Rep. DeRoy, Straf. 3; Rep. DeVito, Rock. 8; Rep. Drew, Hills. 19; Rep. Layon, Rock. 13; Rep. McFarlane, Graf. 18; Rep. Wood, Merr. 13

COMMITTEE: Criminal Justice and Public Safety

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ANALYSIS

This bill provides that the general court has authority and jurisdiction over the regulation of firearms, stun guns, Tasers, pepper spray devices, knives and other self-defense tools.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25-0889

11/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Five

AN ACT relative to the general court's authority over the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, and other matter pertaining to firearms, stun guns, Tasers, pepper spray devices, knives and other self-defense tools.

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

1  Preemption and Right of Action. Amend RSA 159:26 to read as follows:

159:26 Firearms, Ammunition, and Knives; Authority of the State.

I. To the extent consistent with federal law, the [state] general court of New Hampshire shall have authority and jurisdiction over the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, firearms supplies, stun guns, Tasers, pepper spray devices, [or] knives, or other self-defense tools in the state. Except as otherwise specifically provided by state statute, no ordinance, rule, or regulation of a political subdivision or agency may regulate the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, or firearms supplies in the state. Nothing in this section shall be construed as affecting a political subdivision's right to adopt zoning ordinances for the purpose of regulating firearms, stun guns, Tasers, pepper spray devices, [or] knives, or other self-defense tools businesses in the same manner as other businesses or to take any action allowed under RSA 207:59.

II. Upon the effective date of this section, all municipal ordinances and regulations not authorized under paragraph I relative to the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearm components, ammunition, firearms supplies, stun guns, Tasers, pepper spray devices, [or] knives, or other self-defense tools shall be null and void.

III.  Any person aggrieved by a violation of this chapter may petition the superior court under RSA 91-A:7 and seek remedies under RSA 91-A:8.

2  New Section; Firearms; Severability.  Amend RSA 159 by inserting after section 27 the following new section:

159:28  Severability.  If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

3  Effective Date.  This act shall take effect upon its passage.

LBA

25-0889

1/7/25

HB 609-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to state authority over the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to stun guns, tasers, and pepper spray devices.

FISCAL IMPACT:   This bill does not provide funding, nor does it authorize new positions.

The Office of Legislative Budget Assistant is unable to provide a complete fiscal note for this bill, as introduced, as it is awaiting information from the Department of Safety.  The Department was originally contacted on 01/03/25 for a fiscal note worksheet.  When completed, the fiscal note will be forwarded to the House Clerk's Office.

METHODOLOGY:

This bill stipulates that the General Court will take over authority and jurisdiction for regulating firearms, stun guns, tasers, pepper spray devices, knives, and other self-defense tools.

The Legislative Branch notes that regulation is ongoing within the Executive Branch.  However, the fiscal impact remains indeterminate, as the General Court has not detailed a specific plan for implementing this operation.

AGENCIES CONTACTED:

Department of Safety and Legislative Branch