State guide

New Hampshire ID scanning rules: what RSA 263:12 and RSA 179:8 say

By Apparent Logic, LLC · Updated October 5, 2026
Legal sources last checked September 2026 · How we review sources

General information, not legal advice. Laws and permit conditions vary; ask your lawyer or regulator what applies. Check ID is a tool for your staff, not a guarantee of compliance or a legal defense. No system can catch every fake ID. Staff must inspect the document and its holder and make the final decision.

For businesses that check IDs: New Hampshire makes it a misdemeanor to knowingly scan or electronically store personal information from a driver’s license without Department of Safety authorization, with some exceptions (RSA 263:12, X).

At a glance

“Scan” is one of the four verbs in RSA 263:12, X, alongside record, retain and store.
Since August 30, 2025, RSA 179:8, III says nothing prohibits a Liquor Commission licensee from scanning approved ID to verify age for alcohol or tobacco sales, but doesn’t authorize keeping identifying information electronically.
Under RSA 179:7, a seller of liquor or beverage who establishes all three listed facts has “prima facie evidence of innocence and a defense.” Using a scanner isn’t one of the facts.

What the law says

The general rule (RSA 263:12, X)

Paragraph X of RSA 263:12 makes it a misdemeanor for any person to “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,” which RSA 259:19 defines as the Department of Safety.

RSA 260:14 defines personal information as “information in motor vehicle records that identifies a person,” including a photograph or computerized image, Social Security number, driver identification number, name, address (but not the 5-digit zip code), telephone number, and medical or disability information. RSA 259:48 defines a license as a driver’s license or permit to drive from New Hampshire or a reciprocating state.

Paragraph X doesn’t prohibit a non-electronic transfer of information from the face of a license to another person, with the holder’s consent unless it goes to law enforcement, or certain consented scans by pawnbrokers, secondhand dealers and real estate brokers.

Paragraph X also says a person selling alcohol or tobacco “who uses due diligence in checking identification” to prevent unauthorized sales “shall not be held responsible for the acceptance of fraudulent identification,” and that the unauthorized purchaser is then liable for any resulting penalty or fine. The paragraph doesn’t define due diligence, and that sentence doesn’t mention scanning.

The 2025 change (RSA 179:8, III)

Chapter 143 of the Laws of 2025 (House Bill 77) added paragraph III to RSA 179:8, effective August 30, 2025: “Notwithstanding any other law, nothing shall prohibit a licensee from scanning any of the approved forms of identification outlined in paragraph I for the purposes of verifying the age of a person purchasing alcohol or tobacco products.” Under RSA 175:1, XLI, a “licensee” is anyone holding a Liquor Commission license of any kind.

Paragraph I’s approved forms are certain driver’s licenses and picture ID cards from US states, DC, US territories and (for licenses) Canadian provinces, armed services IDs, and valid passports from countries with US diplomatic relations.

Paragraph III adds that it doesn’t authorize the licensee to electronically record, retain or store “information in motor vehicle records that identifies a person” obtained from approved ID. The misdemeanor rule, RSA 263:12, X, applies only to information from a “license,” as defined above.

The seller’s defense (RSA 179:7)

Under RSA 179:7, a person who sold liquor or beverage to someone under 21 and establishes all three of these facts has “prima facie evidence of innocence and a defense to any prosecution for such sale”: the buyer falsely represented in writing, supported by an official document, that they were 21 or older; their appearance would lead an ordinary and prudent person to believe so; and the sale was made in good faith, relying on both, in the reasonable belief the buyer was 21 or older.

What it means at the counter

RSA 179:8, I says that, “for the purposes of RSA 179:7,” a seller of beverages or liquor to “any person whose age is in question shall require the purchaser to furnish” an approved form. Paragraph II says photo ID presented must be consistent with the person’s appearance, not expired, correct, and free of alteration, erasure, blemish or other impairment.

Questions about your setup can go to the Liquor Commission’s Division of Enforcement and Licensing, the Department of Safety or your attorney.

Where Check ID fits

Check ID is a tool that helps your staff check IDs. On iPhone and iPad it reads the barcode on US and Canadian licenses and ID cards, checks the birth and expiry dates against your rules, and shows a clear result, such as Verified, Underage or Expired ID. It can’t tell whether a card is genuine. Your staff make the call.

The app reads what the barcode encodes and shows details such as the name, date of birth and address on screen. A scan record never keeps the name, date of birth, address, ID number or a picture of the ID. It keeps the result, age in whole years, issuing state or country, document type, and when and how the ID was scanned.

In the free and Pro app, scan history (7 days, on your device or in your iCloud) and repeat-entry alerts are on by default, and Settings turns either off. Alerts keep a one-way code derived from the barcode on that device only; codes older than 7 days are cleared at the first barcode scan after the app restarts. Personal guest lists hold the names you add, which can include one saved from a scan. Teams guest lists hold the names your team types in or imports.

Check ID for Teams keeps scan records on our servers for two years by default. For venues set to New Hampshire, its server discards repeat-entry codes by default; owners and managers can change that. Each device still records its own codes while repeat-entry alerts are on.

Whether any of this fits your situation is a question for your lawyer or regulator.

Frequently asked questions

Is it legal to scan IDs in New Hampshire?

RSA 263:12, X makes it a misdemeanor to knowingly scan personal information from a license into electronic form unless the Department of Safety authorizes it or an exception applies. RSA 179:8, III says nothing prohibits a Liquor Commission licensee from scanning approved ID to verify age for alcohol or tobacco sales.

What does RSA 179:8, III say about keeping scanned ID data?

It says the paragraph doesn’t authorize a Liquor Commission licensee to electronically record, retain or store “information in motor vehicle records that identifies a person,” including a photograph or computerized image, Social Security number, driver identification number, name, address (but not the 5-digit zip code), telephone number, and medical or disability information. The misdemeanor rule, RSA 263:12, X, applies only to information from a driver’s license or permit (RSA 259:48).

Does the New Hampshire rule apply to out-of-state IDs?

RSA 263:12, X refers to “any license,” and RSA 259:48 includes licenses from reciprocating states. But its definition of personal information (RSA 260:14) refers to the Department of Safety’s motor vehicle records. The statutes don’t say directly how this applies to out-of-state IDs.

What does RSA 179:7 say about a seller’s defense?

RSA 179:7 lists three facts that, if a seller of liquor or beverage establishes all of them, are “prima facie evidence of innocence and a defense”: a false written statement of age backed by an official document, the buyer’s appearance, and a good-faith sale. Using a scanner isn’t one of them. Whether any record helps in a particular case is a question for your attorney.

Sources

N.H. RSA 263:12, 260:14, 259:48, 259:19, 179:8 (source note “2025, 143:1, eff. Aug. 30, 2025”), 179:7 and 175:1, retrieved September 2026.
House Bill 77 (2025) on LegiScan, a secondary source for the bill number only. The chapter and effective date come from the RSA 179:8 source note above.
New Hampshire Liquor Commission, Division of Enforcement and Licensing, retrieved September 2026.