New Hampshire law seems to allow Pawnbrokers to use ID Scanners, but all others need authorization from the department of motor vehicles. See section X below. If anyone is aware of another regulation which grants authorization to those selling age sensitive products, please coment below.
Also seems if one can prove due diligence when checking the ID, then the seller has an affirmative defense and responsibility is shifted to the buyer, but the law does not specify how one proves due diligences. How does one prove due diligence in New Hampshire? Does one just state the judge “I looked at the ID – Make the minor pay my fine” In most states, a judge will ask for evidence beyond the word of the seller.
TITLE XXI
MOTOR VEHICLES
CHAPTER 263
DRIVERS’ LICENSES
Prohibitions
Section 263:12
263:12 Prohibitions. –
I. Display or cause or permit to be displayed any revoked, suspended, fictitious or fraudulently altered driver’s license or permit.
II. Lend his driver’s license or permit to any other person or knowingly permit the unlawful use thereof by another.
III. Display or represent as one’s own any driver’s license or permit not issued to him by proper authority.
IV. Fail or refuse to surrender to a member of the department upon his lawful demand any driver’s license or permit which has been suspended, revoked or cancelled.
V. Use a fictitious or false name in any application for a driver’s license or permit or knowingly make a false statement, or knowingly conceal a material fact or otherwise commit a fraud in any such application.
VI. Manufacture, advertise for sale, sell, or possess any fictitious, facsimile or simulated license to drive a motor vehicle.
VII. Photograph, photostat, duplicate, or in any manner reproduce any license to drive a motor vehicle or facsimile thereof in such a manner that it could be mistaken for a valid license, or have in his possession any such photograph, photostat, duplicate, reproduction or facsimile unless specifically authorized by the director.
VIII. Manufacture, advertise for sale, sell, or possess any fictitious, facsimile or simulated nondriver’s identification card provided under RSA 260:21, RSA 260:21-a, or RSA 260:21-b.
IX. Photograph, photostat, duplicate, or in any manner reproduce any official nondriver’s identification card or facsimile thereof, in such a manner that it could be mistaken for a valid identification card issued under RSA 260:21, RSA 260:21-a, or RSA 260:21-b, or have in his or her possession any such photograph, photostat, duplicate, reproduction, or facsimile unless authorized by the director.
X. Knowingly scan, record, retain, or store, in any electronic form or format, personal information, as defined in RSA 260:14, obtained from any license, unless authorized by the department. Nothing in this paragraph shall prohibit a person from transferring, in non-electronic form or format, personal information contained on the face of a license to another person, provided that the consent of the license holder is obtained if the transfer is not to a law enforcement agency. Notwithstanding any other provision of law, any person selling alcohol or tobacco who uses due diligence in checking identification to prevent unauthorized sales and purchases of alcohol and tobacco shall not be held responsible for the acceptance of fraudulent identification. Where due diligence is exercised on the part of the seller, the unauthorized purchaser shall be liable for any penalty or fine resulting from the unauthorized sale. This paragraph shall not prohibit the scanning, recording, retaining, or storing of such information in electronic form collected with the license holder’s consent as part of a sale of merchandise to a pawnbroker or other secondhand dealer, and submission of such information to law enforcement databases for the sole purpose of identifying sellers of stolen merchandise. The pawnbroker or secondhand dealer shall not retain the scanned information in electronic form transmitted to a law enforcement database, unless required by local regulation, and shall not furnish the information to anyone except a law enforcement officer. The pawnbroker or secondhand dealer may maintain in a log or other document the name and address of the person whose license was scanned along with a description of the items the individual sold, pawned, or purchased, and shall allow such log or document to be examined by a law enforcement official upon request.
Source. RSA 261:22-a, 22-b. 1963, 150:1. 1973, 528:137. 1981, 146:1, 479:22, 41. 2002, 242:1, eff. Jan. 1, 2003. 2015, 228:1, eff. Sept. 11, 2015. 2016, 71:10, eff. May 10, 2016.