I. (c)  If the court finds after the hearing that the respondent has met his or her burden of proof, the court shall vacate the order. Retrieval of such firearms shall be through the law enforcement agency responsible for their transfer to the storage facility pursuant to a court order as prescribed in this paragraph. A law enforcement agency shall provide written notice, sent via the United States Postal Service to the last known address of the petitioner and to any family or household members of the respondent before the return of any firearm and ammunition surrendered or seized pursuant to this chapter. IV. Distribution of all documents shall, at a minimum, be in an electronic format or formats accessible to all courts and court clerks in the state. III. Unfortunately, the process laid out in House Bill 687 goes too far and would weaken the constitutional rights of law-abiding New Hampshire citizens. II. Matter removed from current law appears [in brackets and struckthrough.]. Within 72 hours after service of the order, the law enforcement officer serving the order shall file the original receipt with the court and shall ensure that his or her law enforcement agency retains a copy of the receipt. Be it Enacted by the Senate and House of Representatives in General Court convened: 1  Statement of Purpose. However, the entities impacted have provided the potential costs associated with these penalties below. Notice of the request shall be served on the petitioner as provided in RSA 159-E:7. (b)  A parent or other person related by consanguinity or affinity, other than a minor child who resides with the respondent. (i)  The recurring use of, or threat to use, physical force by the respondent against another person or the respondent stalking another person. By GARRY RAYNO, InDepthNH.org. To sign-in and/or speak in support or opposition, please register in advance by using this link: https://www.zoom.us/webinar/register/WN_QH1esiFMQNC5q9CjM5O_jA Senate Calendar 24, Members of the public may attend using the following links: Senate Calendar 24, Committee members will receive secure Zoom invitations via email. III. New Hampshire House Bill; 2020 Regular Session; Introduced in House Mar 12, 2020; Passed House Jan 09, 2020; Passed Senate Jun 29, 2020; Governor; relative to extreme risk protection orders. The standard petition and order forms shall be used after January 1, 2020, for all petitions filed and orders issued under this chapter. For the reasons stated above, I have vetoed House Bill 687. If a respondent does not file a motion seeking the return of firearms and ammunition within one year after an extreme risk protection order is vacated or expires and is not renewed, any firearms and ammunition surrendered by or seized from the respondent under this chapter shall be deemed abandoned and may be disposed of in accordance with the law enforcement agency’s policies and procedures for the disposal of firearms in police custody. Alternatively, if personal service by a law enforcement officer is not possible or is not required because the respondent was present at the extreme risk protection order hearing, the respondent shall surrender any firearms and ammunition owned by the respondent or in his or her custody, control, or possession and any license to carry a loaded pistol or revolver issued to them under RSA 159:6, held by the respondent, in a safe manner to the control of the local law enforcement agency immediately after being served with the order by service or immediately after the hearing at which the respondent was present. VII. “Intimate partner” means a person currently or formerly involved in a romantic relationship with another, whether or not such relationship was ever sexually consummated. If the court finds that the respondent is not subject to any state or federal law or court order prohibiting the ownership or possession of firearms, and, if applicable, the court denies the petitioner’s request to extend the extreme risk protection order, the court shall issue a written order directing the law enforcement agency to return the requested firearms and ammunition to the respondent. A recusal by the judge or any act of God or closing of the court that interferes with the originally scheduled hearing shall not be cause for the dismissal of the petition. Register now for our free OneVote public service or GAITS Professional trial account and you can begin tracking this and other legislation, all driven by the real-time data of the LegiScan API. Chris Sununu. AN ACT relative to extreme risk protection orders. In the Year of Our Lord Two Thousand Nineteen. (a)  A spouse, ex-spouse, person cohabiting with another person, and a person who cohabited with another person but who no longer shares the same residence. “Respondent” means an individual who is identified as the respondent in a petition filed under this chapter. The court may make the community resource list available as part of or in addition to the informational brochures described in paragraph I. III. All petitions filed under this chapter shall include the home and work telephone numbers of the respondent, if known. Notice shall be received by the petitioner at least 30 days before the date the order is set to expire. HOUSE BILL 687-FN . V.  Any court-ordered changes, extensions, or modifications to the order shall be effective upon issuance of such changes, extensions, or modifications and shall be mailed or otherwise provided to the appropriate law enforcement agency, issuing authority, and transmitted to the department of safety within 24 hours of the entry of such changes, extensions, or modifications. To view/listen to this hearing on YouTube, use this link: https://www.youtube.com/channel/UCjBZdtrjRnQdmg-2MPMiWrA Senate Calendar 24, 5. Or iPhone one-tap: 13126266799,,94954573376# or 19292056099,,94954573376# Senate Calendar 24, 3. People whose firearms were unduly repossessed had to go to court to regain possession of their property. (b)  The law enforcement agency conducts a background check to determine that the lawful owner is not prohibited under state or federal law from possessing the firearm or ammunition. Such telephonically issued orders shall be made by a circuit court judge to a law enforcement officer and shall be valid in any jurisdiction in the state. New Hampshire House Bill 687 focuses on extreme risk protection orders, which would allow a household member or law enforcement officer to petition for a court order to … III. FISCAL IMPACT:      [ X ] State              [ X ] County               [    ] Local              [    ] None, [ X ] General            [    ] Education            [    ] Highway           [    ] Other. Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. A petitioner may request, and court may enter, a temporary extreme risk protection order with or without actual notice to respondent. In addition to other applicable charges and penalties, a person shall be guilty of a class A misdemeanor if such person knowingly files a petition under this chapter containing false allegations, or if such person files a petition with intent to harass the respondent. Senate Calendar 24, Remote Hearing: 06/24/2020, 09:10 am; Senate Calendar 24, Introduced 03/11/2020 and Referred to Judiciary; Senate Journal 7, Ought to Pass with Amendment 2019-2790h: Motion Adopted Regular Calendar 201-176 01/08/2020 House Journal 1 P. 68, Amendment # 2019-2790h: Amendment Adopted Regular Calendar 213-162 01/08/2020 House Journal 1 P. 68, Committee Report: Without Recommendation (Vote ; Regular Calendar) House Calendar 50 P. 19, Subcommittee Work Session: 10/10/2019 11:00 am Legislative Office Building 204, Executive Session: 10/30/2019 10:00 am Legislative Office Building 202-204, Full Committee Work Session: 10/23/2019 10:00 am Legislative Office Building 204, Subcommittee Work Session: 10/01/2019 01:00 pm Legislative Office Building 204, Subcommittee Work Session: 09/12/2019 10:00 am Legislative Office Building 204, Subcommittee Work Session: 09/05/2019 11:00 am Legislative Office Building 204, Subcommittee Work Session: 08/22/2019 10:00 am Legislative Office Building 204, Subcommittee Work Session: 06/11/2019 01:00 pm Legislative Office Building 204, Executive Session: 03/13/2019 10:00 am Legislative Office Building 204, ==ROOM CHANGE== Public Hearing: 03/05/2019 10:00 am Reps Hall, Introduced 01/03/2019 and referred to Criminal Justice and Public Safety House Journal 3 P. 26. In addition to other applicable charges and penalties, a person shall be guilty of a class B felony if he or she knowingly violates an extreme risk protection order issued under this chapter by having in his or her possession, custody, or control any firearm or ammunition while the order is in effect. The lack of due process in this legislation is antithetical to the New Hampshire and American … House Bill 687, sponsored by Representative Debra Altschiller (D-Rockingham 19), would have allowed ex parte orders to suspend Second Amendment rights without adequate due process. “Firearm” means any weapon, including a starter gun, which will, is designed to, or may be readily converted to expel a projectile by the action of an explosive. The petitioner may commence proceedings pursuant to RSA 159-E:3 in the county or district where either the petitioner or the respondent resides. HB 687-FN - AS INTRODUCED . The instructions shall provide pictures of types of firearms that the petitioner may choose from to identify the relevant firearms, or an equivalent means to allow petitioners to identify firearms without requiring specific or technical knowledge regarding the firearms. V.  Notwithstanding RSA 595-A, upon the sworn statement or testimony of any person alleging that the respondent has failed to comply with the surrender required by any order issued under this chapter, the court shall determine whether probable cause exists to believe that the respondent has failed to surrender any firearms or ammunition owned by the respondent in his or her custody, control, or possession. The respondent shall be responsible for informing the court of any changes of address. You may seek the advice of an attorney as to any matter connected with this order.". In determining whether the grounds for a temporary extreme risk protection order exist, the court shall consider any relevant evidence, including but not limited to the evidence described in RSA 159-E:5, III. A person who completes and signs an application for purchase of a firearm and who knows that such purchase is illegal because he or she is subject to an extreme risk protection order shall be guilty of a class A misdemeanor for a first offense and a class B felony for a second or subsequent offense. A law enforcement officer shall serve process under this section. (b)  The time frame established in this paragraph may be extended for an additional 7 days upon motion by either party for good cause shown. IV. The law enforcement officer shall take possession of all firearms and ammunition and any license to carry a loaded pistol or revolver issued to them under RSA 159:6, which are surrendered. To submit your testimony to the committee, please send all documents via email to remotesenate@leg.state.nh.us Senate Calendar 24, 1. Law enforcement agencies shall not release firearms and ammunition without a court order granting such release. Second Amendment supporters are encouraged to attend this meeting remotely starting at 9:10 AM, to OPPOSE HB 687. If the court denies the petitioner’s request for a temporary extreme risk protection order, the court shall state the particular reasons for the denial. Any answer by the respondent shall be filed with the court and a copy shall be provided to the petitioner by the court. I. Materials shall be based on best practices and available electronically online to the public. The New Hampshire bill now goes to the Senate, which, like the House, is controlled by Democrats. III. The court shall notify the petitioner of the impending expiration of an extreme risk protection order. “To the subject of this extreme risk protection order:  This order will remain in effect until the date noted above. In a vote of 3-2 today, right along party lines, New Hampshire Senate Democrats voted to pass House Bill 687 – AN ACT relative to extreme risk protection orders. In determining whether the grounds for an extreme risk protection order exist, the court shall consider any relevant evidence, including but not limited to any of the following: (a)  An act or threat of violence within the past 24 months by the respondent against himself or herself or others, whether or not such violence or threat of violence involves a firearm. CONCORD — Down party lines and after three hours of testimony, the Senate Judiciary Committee approved a bill supporters say will help prevent suicide, but opponents contend tramples fundamental constitutional rights.. House Bill 687, which passed the committee on a 3-2 vote, would establish a civil procedure to deny someone who is at risk of harming … II. Further, if the order is vacated after an individual surrendered their firearms, that individual will have to go to court to have their property returned, unlike when the court wrongfully takes their property away. (c) A violation by the respondent of a domestic violence protection order issued under RSA 173-B. (b)  The respondent shall have the burden of proving by clear and convincing evidence that the respondent no longer poses a significant risk of causing  bodily injury to himself or herself or others by having a firearm or any ammunition in his or her custody or control or by purchasing, possessing, or receiving a firearm or ammunition. VI. I understand that making a false statement on this petition will subject me to criminal penalties.”. A temporary extreme risk protection order shall expire upon the hearing on a final extreme risk protection order under RSA 159-E:3, VIII. (d)  The extreme risk protection order form shall include, in a conspicuous location, notice of criminal penalties resulting from violation of the order, and the following statement:  "You have the sole responsibility to avoid or refrain from violating this order's provisions. Upon receipt of such a motion, the court shall schedule a hearing no later than 15 days after the expiration of the order. VII. III. This act shall not apply in cases of domestic abuse or stalking where the petitioner is eligible to petition for relief under RSA 173-B or RSA 633:3-a. (b)  The total number of temporary extreme risk protection orders issued and the total number denied during the previous year. An extreme risk protection order issued under this chapter shall include all of the following: (a)  A statement of the grounds supporting the issuance of the order. On January 9, 2020 in the House: Ought to Pass with Amendment 2019-2790h: MA RC 201-176 01/08/2020 HJ 1 P. 68 Amendment # 2019-2790h: AA RC 213-162 01/08/2020 HJ 1 P. 68 V.  The administrative office of the courts shall update the instructions, brochures, standard petition, and extreme risk protection order forms, and court staff handbook as necessary, including when changes in the law make an update necessary. (d)  The court may extend an extreme risk protection order for a period that it deems appropriate, up to and including but not exceeding 12 months, subject to an order to vacate as provided in paragraph I or to another extension order by the court. IV. IX. House Bill 687 was supposed to go back to the drawing board and be cleaned up. (d)  The law enforcement agency holding any firearm or ammunition or license to carry a loaded pistol or revolver that has been surrendered or seized pursuant to this section shall be notified of the court order to vacate the extreme risk protection order. Chris Sununu last week vetoed a bill that would have allowed gun seizures without due process. Many offenses are prosecuted by local and county prosecutors. It should be noted that average case cost estimates for FY 2020 and FY 2021 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. AN ACT relative to extreme risk protection orders. Judicial Branch, Judicial Council and Departments of Justice and Corrections and New Hampshire Association of Counties, LegiScan is an impartial and nonpartisan legislative tracking and reporting service utilizing GAITS and LegiScan API. Extreme risk protection orders, including temporary extreme risk protection orders, shall be promptly served on the respondent by the law enforcement officer. ... House Bill 687 would allow law enforcement or family members to petition a judge for a hearing to determine if … H.R.687 - Handgun Licensing and Registration Act of 2019 116th Congress (2019-2020) | III. On October 30 th, the New Hampshire state House Criminal Justice and Public Safety Committee will hold the final executive session on the carry-over House Bill 687, which would allow Second Amendment rights to be suspended and firearms seized without due … 159-E:10  Termination and Extension of Orders. Amend RSA by inserting after chapter 159-D the following new chapter: Effective Date. The clerk of the court shall forward a copy of any order issued under this section the same day such order is issued to the department of safety, which in turn shall forward a copy to the Federal Bureau of Investigation, or its successor agency, for inclusion in the National Instant Criminal Background Check database. The respondent shall be personally served with notice of the motion to extend as provided in RSA 159-E:7. Such hearing may constitute the final hearing under RSA 159-E:3, VIII. I. If a person other than the respondent claims title to any firearms or ammunition surrendered or seized pursuant to this section and he or she is determined by the law enforcement agency to be the lawful owner of the firearm or ammunition, the firearm or ammunition shall be returned to him or her, if: (a)  The lawful owner agrees to store the firearm or ammunition in a manner such that the respondent does not have access to or control of the firearm or ammunition; and. SPONSORS: Rep. Altschiller, Rock. No law enforcement agency shall be held liable for alleged damage or deterioration due to storage or transportation to any firearms and ammunition and specified deadly weapons held by a law enforcement agency, so long as due care is used. Governor Sununu stood with Granite Staters and VETOED Michael Bloomberg's destructive and draconian Red Flag bill on August 7th!!! III. (a)  Upon receipt of the request for a hearing to vacate an extreme risk protection order, the court shall set a date for a hearing. II. Notice of the pendency of the action and of the facts alleged against the respondent shall be given to the respondent, either personally or as provided in paragraph V.  The petitioner shall be permitted to supplement or amend the petition only if the respondent is provided an opportunity prior to the hearing to respond to the supplemental or amended petition. VII. 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