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F I S C A L I M P A C T R E P O R T

SPONSOR Heaton

DATE TYPED 3/16/05

HB CS/641/aHFL#1

SHORT TITLE Concealed Handgun License Changes

SB

ANALYST Peery

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

No Responses

Municipal League

Association of Counties

Department of Public Safety (DPS)

Attorney General’s Office (AGO)

SUMMARY

Synopsis of HFL #1 Amendment

The first House Floor Amendment to House Bill 641 adds the wording “discretionary state” re-

garding provisions of discretionary state authority for the transfer, recognition or reciprocity of a

concealed handgun license issued by another state. Also, adds the rule regarding transfer, recog-

nition or reciprocity of a concealed handgun license that the other state’s provisions be at least as

stringent as or substantially similar to the Concealed Handgun Carry Act.

Synopsis of Substitute

House Bill 641 amends the current concealed handgun statute in the following ways: (1) extends

the life of a license to carry a concealed handgun from 2 to 4 years on original and renewed li-

censes; (2) lowers the age from 25 to 21 years of age for those who otherwise qualify to carry a

concealed handgun; (3) licensee shall complete a two-hour refresher firearms training course tow

years after issuance of an original or renewed license; (4) concealed handgun licenses include the

category and the largest caliber of handgun that the licensee is licensed to carry, with a statement

that the licensee is licensed to carry smaller caliber handguns but will carry only one concealed

handgun at any given time; (5) licensee is required to file a police report with a local law en-

House Bill 641/aHGUAC/HFL#1 -- Page 2

forcement agency is a license is lost or stolen; and (6) the renewal fee is increased from $50 to

$75. DPS will develop the rules necessary to implement the provision of authority for the trans-

fer, recognition or reciprocity of the concealed handgun license issued by another state if the is-

suing authority for the other state: (1) the license has an expiration date; (2) the other state can

verify a license or status within 3 days; (3) the other state has disqualification, suspension and

revocation standards; (4) requires the applicant to submit to a criminal history; (5) requires the

applicant to not be prohibited from possessing firearms pursuant to federal or state law; and (6)

requires the applicant to complete a firearm safety program to include deadly force, weapons

care, maintenance, safe handling, storage and marksmanship.

PERFORMANCE IMPLICATIONS

DPS will need to develop standards for deciding when the other state’s concealed handgun law is

substantially similar to ours.

ADMINISTRATIVE IMPLICATIONS

DPS will have to handle the reciprocal agreements with cooperating states.

OTHER SUBSTANTIVE ISSUES

DPS has concerns with the renewal period being expanded to 4 years due to it complicating en-

forcement. DPS reports the proposed legislation would allow a person who fails to report an ar-

rest, making the individual ineligible to carry a concealed weapon, could potentially carry the

license for up to 4 years or until the required license renewal. DPS does not require a back-

ground check until the licensee submits for a renewal license. DPS believes the two year re-

newal is reasonable and assists the state in ensuring the carrier is meeting all of the eligibility

requirements.

RLP/njw:yr:lg