The clerk of the circuit court shall supply forms for petitions and for relief under this chapter designed to facilitate pro se proceedings. Providing tools allowing you to research pending legislation, stay informed with email alerts, content feeds, and share dynamic reports. (e) The total number of extreme risk protection orders extended during the previous year. 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. V. During the hearing, the court shall consider whether a mental health evaluation or chemical dependency evaluation is appropriate and, if such determination is made, may order such evaluations, if appropriate. This bill could lead to situations where law-abiding Granite Staters have their property seized with no notice or opportunity to speak in their own defense. New Hampshire; National Edition. IV. I. 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. II. (a) Upon receipt of the motion to extend, the court shall order that a hearing be held no later than 14 days after the date the order is issued and shall schedule such hearing. Proceedings under this chapter may be transferred to another court upon the motion of any party or of the court as the interests of justice or the convenience of the parties may require. IV. I understand that making a false statement on this petition will subject me to criminal penalties.”. 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. version of the laws to new hampshire. 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. Some legislators in New Hampshire are trying to push Red Flag Laws. 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 … (c) A violation by the respondent of a domestic violence protection order issued under RSA 173-B. When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department would likely absorb the cost within its existing budget. III. H.R.687 - Handgun Licensing and Registration Act of 2019 116th Congress (2019-2020) | Use our new PolitiCorps to join with friends and collegaues to monitor & discuss bills through the process.Monitor Legislation or view this same bill number from multiple sessions or take advantage of our national legislative search. The instructions, brochures, forms, and handbook shall be prepared in consultation with interested persons, including representatives of gun violence prevention groups, judges, and law enforcement personnel. (m) Witness testimony, taken while the witness is under oath, relating to the matter before the court. II. II. CONCORD — The New Hampshire House of Representatives passed a “red flag” bill Wednesday that critics say is a “gun grab” and advocates said would save lives. I. (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. IX. A temporary extreme risk protection order shall expire upon the hearing on a final extreme risk protection order under RSA 159-E:3, VIII. HB 687 would allow family members and law enforcement to confiscate people’s firearm on mere accusations of being a danger to themselves and others. Any valid extreme risk protection order, as defined in paragraph II, shall be accorded full faith and credit throughout the state. Or iPhone one-tap: 13126266799,,94954573376# or 19292056099,,94954573376# Senate Calendar 24, 3. HOUSE BILL 687-FN . II. But what has emerged (with the Murphy substitute) is the same garbage which was originally pedaled in New Hampshire by the Giffords’ organization. (f) Whether the respondent, in this state or any other state, has been convicted of. had adjudication withheld on, or pled nolo contendere to a crime that constitutes domestic violence as defined in RSA 173-B:1. 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. 04/05 . If the court issues a temporary extreme risk protection order under RSA 159-E:4, the court shall inform the respondent, in writing, that he or she is entitled to request an expedited hearing as provided in RSA 159-E:4, V. The court shall provide the respondent with a form to request such a hearing. At the time of surrender, a law enforcement officer taking possession of any firearm or ammunition owned by the respondent or in his or her custody, control, or possession, or any license to carry a loaded pistol or revolver issued to respondent under RSA 159:6, shall issue a receipt identifying all firearms and the quantity and type of ammunition that have been surrendered, and any license surrendered and shall provide a copy of the receipt to the respondent. The court may cancel the hearing upon a satisfactory showing that the respondent is in compliance with the surrender order. It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The hearing shall occur no sooner than 14 days and no later than 30 days after the date of service of the request upon the petitioner. Any answer by the respondent shall be filed with the court and a copy shall be provided to the petitioner by the court. I. No later than January 31 of each year, clerks of the circuit courts shall report to the administrative office of the courts the following information: (a) The total number of petitions for an extreme risk protection order, and the total number of those petitions that requested the order be issued ex parte during the previous year. (k) Corroborated evidence of the abuse of controlled substances or alcohol by the respondent. People whose firearms were unduly repossessed had to go to court to regain possession of their property. If an extreme risk protection order is vacated or ends without extension, a respondent may request, by motion to the court, the return of any and all firearms and ammunition that has been surrendered to or seized by the law enforcement pursuant to this chapter. The court shall provide the respondent with a form to request a hearing to vacate. III. The petitioner may make alternative arrangements with a federally licensed firearms dealer for the storage of firearms, at the respondent’s own expense, upon approval of the court. A petition for an extreme risk protection order shall: (a) Be accompanied by a written affidavit, signed by the petitioner under oath. 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 … The clerk of the circuit court may create a community resource list of crisis intervention, mental health, substance abuse, interpreter, counseling, and other relevant resources serving the county in which the court is located. VI. (b) The instructions and standard petition shall include a means for the petitioner to identify, with only lay knowledge, the firearms the respondent may own, possess, receive, or have in his or her custody or control. 19-0007. 12; Sen. Watters, Dist 4; Sen. Sherman, Dist 24; Sen. Hennessey, Dist 5; Sen. Dietsch, Dist 9; Sen. Kahn, Dist 10, COMMITTEE: Criminal Justice and Public Safety, -----------------------------------------------------------------. 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 … (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. V. If an extreme risk protection order is vacated or ends without extension, the licensing authority, if it has suspended a license to carry a loaded pistol or revolver issued to respondent under RSA 159:6 pursuant to this section, shall reinstate such license only after confirming that the respondent is currently eligible to have such license. III. 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. (g) Whether the respondent has used, or has threatened to use, against himself or herself or others any weapons. If the court denies the petitioner’s request for an extreme risk protection order, the court shall state the particular reasons for the denial. Later than 15 days after the expiration of an extreme risk protection orders out in House bill goes! 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