IV. Any answer by the respondent shall be filed with the court and a copy shall be provided to the petitioner by the court. The lack of due process in this legislation is antithetical to the New Hampshire and American … HOUSE BILL 687-FN . (b)  Under circumstances where the petitioner has requested an extension of the extreme risk protection order, pursuant to subsection 10 of this chapter, whether the petitioner has established by clear and convincing evidence that the respondent continues to pose 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. 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. 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. Upon a showing by the petitioner that there is reasonable cause to believe that the respondent poses an immediate 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, the court shall issue a temporary extreme risk protection order. Such firearms shall be turned over to the appropriate law enforcement agency for transfer to the storage facility. 19; Rep. Fenton, Ches. Two full-time and four part-time employees currently maintain these registries. I. II. VII. The fee shall not exceed the actual cost incurred by the law enforcement agency for the storage of the firearms and ammunition. 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. VII. 8; Rep. Knirk, Carr. V.  No filing fee or fee for service of process shall be charged for a petition or response under this section, and the petitioner or respondent may proceed without legal counsel. (e)  The total number of extreme risk protection orders extended during the previous year. 159-E:9  Return and Disposal of Firearms and Ammunition. 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. The court shall reschedule any hearing under this section in an expeditious manner. III. (b)  Identify the quantities, types, and locations of all firearms and ammunition the petitioner believes to be in the respondent’s current ownership, possession, custody, or control. Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. IV. Such orders shall be returnable to the circuit court where the petitioner resides, unless otherwise ordered by the issuing judge. Extreme risk protection orders, including temporary extreme risk protection orders, shall be promptly served on the respondent by the law enforcement officer. Notice of the request shall be served on the petitioner as provided in RSA 159-E:7. Amend RSA by inserting after chapter 159-D the following new chapter: I. 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. V.  The court may issue such temporary orders by telephone or facsimile. New Hampshire; National Edition. “Unfortunately, the process laid out in House Bill 687 goes too far and would weaken the constitutional rights of law-abiding New Hampshire citizens,” Sununu said. Upon the issuance of any extreme risk protection order, the court shall order a new hearing date and require the respondent to appear no later than 3 business days after the issuance of the order. VI. (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. (c)  If the court finds by clear and convincing evidence that the requirements for issuance of an extreme risk protection order as provided in RSA 159-E:5 continue to be met, the court shall extend the order. Providing tools allowing you to research pending legislation, stay informed with email alerts, content feeds, and share dynamic reports. 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. 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. 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. Any person who files a petition under this chapter containing allegations the petitioner knows to be false, or who files a petition with intent to harass the respondent, shall be subject to criminal penalties, as set forth in RSA 159-E:11. Notice of the whereabouts of the petitioner shall not be revealed except by order of the court for good cause shown. 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. 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. 19; Rep. Espitia, Hills. LegiScan is an impartial and nonpartisan legislative tracking and reporting service utilizing GAITS and LegiScan API, http://gencourt.state.nh.us/bill_status/bill_status.aspx?lsr=7&sy=2020&sortoption=&txtsessionyear=2020&txtbillnumber=HB687, http://gencourt.state.nh.us/bill_status/billText.aspx?sy=2020&id=7&txtFormat=html, http://gencourt.state.nh.us/bill_status/billText.aspx?sy=2020&txtFormat=html&v=HA&id=7, http://gencourt.state.nh.us/bill_status/billText.aspx?sy=2020&v=SP&id=7, http://gencourt.state.nh.us/bill_status/billText.aspx?sy=2020&id=5&txtFormat=html, http://gencourt.state.nh.us/bill_status/Roll_Calls/billstatus_rcdetails.aspx?vs=4&sy=2020&lb=H&eb=HB0687&sortoption=&txtsessionyear=2020&txtbillnumber=HB687&ddlsponsors=&lsr=7, http://gencourt.state.nh.us/bill_status/Roll_Calls/billstatus_rcdetails.aspx?vs=5&sy=2020&lb=H&eb=HB0687&sortoption=&txtsessionyear=2020&txtbillnumber=HB687&ddlsponsors=&lsr=7, http://gencourt.state.nh.us/bill_status/Roll_Calls/billstatus_rcdetails.aspx?vs=92&sy=2020&lb=S&eb=HB0687&sortoption=&txtsessionyear=2020&txtbillnumber=HB687&ddlsponsors=&lsr=7, http://gencourt.state.nh.us/bill_status/Roll_Calls/billstatus_rcdetails.aspx?vs=210&sy=2020&lb=H&eb=HB0687&sortoption=&txtsessionyear=2020&txtbillnumber=HB687&ddlsponsors=&lsr=7, Veto Sustained 09/16/2020: Regular Calendar 182-156 Lacking Necessary Two-Thirds Vote, Enrolled (In recess 06/29/2020); Senate Journal 9, Enrolled 06/30/2020 House Journal 10 P. 74, Enrolled Bill Amendment # 2020-1630: Amendment Adopted Voice Vote 06/30/2020 House Journal 10 P. 71, Enrolled Bill Amendment # 2020-1630e Adopted, Voice Vote, (In recess of 06/29/2020); Senate Journal 9, Ought to Pass: Regular Calendar 14Y-10N, Motion Adopted; OT3rdg; 06/29/2020; Senate Journal 9, Committee Report: Ought to Pass, 06/29/2020; Senate Calendar 25, The following email will be monitored throughout the meeting by someone who can assist with and alert the committee to any technical issues: remotesenate@leg.state.nh.us or call (603-271-3043). (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. I. To view/listen to this hearing on YouTube, use this link: https://www.youtube.com/channel/UCjBZdtrjRnQdmg-2MPMiWrA Senate Calendar 24, 5. Governor Sununu stood with Granite Staters and VETOED Michael Bloomberg's destructive and draconian Red Flag bill on August 7th!!! This act shall take effect January 1, 2020. 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. I. (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. The law enforcement officer serving an extreme risk protection order under this section, including a temporary extreme risk protection order, shall request that the respondent immediately surrender all 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 the respondent under RSA 159:6. III. (a)  The instructions shall be designed to assist petitioners in completing the petition and shall include a sample of a standard petition and order for protection forms. The standard petition and order forms shall be used after January 1, 2020, for all petitions filed and orders issued under this chapter. Concord, NH – Today, Governor Chris Sununu issued the following statement after the Senate voted to pass SB 687, an act relative to transparency in prescription drug pricing and establishing a New Hampshire prescription drug affordability board: Has contract with State to provide services. I. Amend RSA by inserting after chapter 159-D the following new chapter: Effective Date. III. VI. Temporary orders issued under this section shall prohibit the respondent from purchasing, possessing, or receiving any firearms and ammunition for the duration of the order and shall further direct the respondent to relinquish to a law enforcement officer all firearms and ammunition in the control, ownership, or possession of the respondent or any other person on behalf of the respondent, and any license to carry a loaded pistol or revolver issued to the respondent under RSA 159:6, for the duration of the protective order. (c)  The informational brochure shall describe the use of and the process for obtaining, modifying, and terminating an extreme risk protection order under this chapter, and provide relevant forms. If the court issues an extreme risk protection order under RSA 159-E:5, the court shall inform the respondent, in writing, that he or she is entitled to request a hearing to vacate the order in the manner provided in RSA 159-E:10. The court may cancel the hearing upon a satisfactory showing that the respondent is in compliance with the surrender order. H.R.687 - Handgun Licensing and Registration Act of 2019 116th Congress (2019-2020) | The petitioner may commence proceedings pursuant to RSA 159-E:3 in the county or district where either the petitioner or the respondent resides. A copy of any order made under this chapter shall be promptly transmitted to the local law enforcement agency having jurisdiction to enforce such order and, if such person has been issued a license to carry a loaded pistol or revolver under RSA 159:6, notice shall also be promptly made to the issuing authority of the license. A person, including an officer of the court, who offers evidence or recommendations relating to a petition filed under this chapter either shall present the evidence or recommendations in to the court in a sworn written affidavit, with copies to each party and his or her attorney, if one is retained, or shall present the evidence under oath at a hearing at which all parties are present. There shall be a presumption of validity where an order appears facially valid. Any comparable extreme risk protection order issued by any other state, tribal, or territorial court, including an ex parte order, shall be deemed valid if the issuing court had jurisdiction over the parties and matter under the law of the state, tribe, or territory, and the person against whom the order was made was given reasonable notice and opportunity to be heard. But even if it passes, it likely will be vetoed by Republican Gov. 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. (c) A violation by the respondent of a domestic violence protection order issued under RSA 173-B. New Hampshire's Republican Gov. I. 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. relative to extreme risk protection orders. HB 687. Read the legislation and learn the truth about what it really does. Such hearing may constitute the final hearing under RSA 159-E:3, VIII. (c)  Identify if there is a known existing protection order in effect against the respondent under RSA 173-B or any other applicable statute. VII. Webinar ID: 949 5457 3376 Senate Calendar 24, 4. IV. “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. (f)  Whether the respondent, in this state or any other state, has been convicted of. New Chapter; Extreme Risk Protection Orders. II. Chris Sununu. (g)  Whether the respondent has used, or has threatened to use, against himself or herself or others any weapons. In addition, the Judicial Branch indicates the requirement in proposed RSA 173-D:2, VIII that protective orders issued be transmitted to the Administrative Office of the Courts which shall enter the information in a state database that is made available to state, county and local law enforcement departments. (a)  The court shall hold a hearing within 14 days of the filing of a petition under this section or within 7 days of service of process upon the respondent, whichever occurs later. LEGISLATION. be done in New Hampshire, but that work cannot come at the expense of the constitutional rights of our citizens. V.  “Law enforcement officer” means a sheriff or deputy sheriff of any county, a state police officer, a constable or police officer of any city or town, or a conservation officer. [Veto Sustained 09/16/2020: Regular Calendar 182-156 Lacking Necessary Two-Thirds Vote] tim: new hampshire house bill 687 focuses on extreme risk protection orders, allowing a household member or … IV. “To the subject of this extreme risk protection order:  This order will remain in effect until the date noted above. II. 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. 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. This bill establishes a procedure for issuing extreme risk protection orders to protect against persons who pose an immediate risk of harm to themselves or others. I. (b)  In determining whether to extend an extreme risk protection order issued under this section, the court shall consider any relevant evidence, including evidence of the considerations listed in RSA 159-E:5, III. 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. 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. I. 04/05 . On June 24th, the New Hampshire Senate Judiciary Committee will hold a public hearing on House Bill 687 which would take away the constitutional rights of individuals without due process. “Extreme risk protection order” means a temporary, ex parte, or final order issued pursuant to this chapter. New Hampshire House Democrats are attempting to claim a “win” after the House passed a “red flag” bill (House Bill 687). I understand that making a false statement on this petition will subject me to criminal penalties.”. To submit your testimony to the committee, please send all documents via email to remotesenate@leg.state.nh.us Senate Calendar 24, 1. II. If the court denies the petitioner’s request for an extreme risk protection order, the court shall state the particular reasons for the denial. 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, -----------------------------------------------------------------. 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. II. All such petitions shall contain the following statement: “I swear that the foregoing information is true and correct to the best of my knowledge. The clerk of the circuit court shall supply forms for petitions and for relief under this chapter designed to facilitate pro se proceedings. VI. (e)  A violation of a previous or existing risk protection order issued against the respondent. Law enforcement agencies shall not release firearms and ammunition without a court order granting such release. The court may subsequently issue a search warrant authorizing a law enforcement officer to search for and seize all firearms and ammunition in the respondent’s possession, custody or control, if there is probable cause to believe respondent has firearms or ammunition and if the court has reason to believe that such firearms or ammunition have not been relinquished by the respondent. (f)  A description of the requirements for the surrender of all firearms and ammunition in the control, ownership, or possession of the respondent under RSA 159-E:8. 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 … I. NYC billionaire Michael Bloomberg is spending a lot … Any extreme risk protection order issued under this chapter shall be effective throughout the state. II. An extreme risk protection order issued under this section shall prohibit the respondent from purchasing, possessing, or receiving any firearms and ammunition for the duration of the order and shall further direct the respondent to relinquish to a law enforcement officer all firearms and ammunition in the control, ownership, or possession of the respondent or any other person on behalf of the respondent, and any license to carry a loaded pistol or revolver issued to the respondent under RSA 159:6 for the duration of the order. 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. After notice to respondent and a hearing, and upon a showing by the petitioner that there is clear and convincing evidence that the respondent 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, the court shall issue an extreme risk protection order for a period not to exceed 12 months. (c)  The total number of extreme risk protection orders issued and the total number denied during the previous year. The respondent shall be responsible for informing the court of any changes of address. III. (j)  Whether the respondent, in this state or any other state, has been arrested for, convicted of, had adjudication withheld on, or pled nolo contendere to a crime involving violence or a threat of violence. 19-0007. A law enforcement officer may, pursuant to RSA 159-E:4 and 159-E:5, seek a search warrant from a court of competent jurisdiction to search for and seize any and all firearms and ammunition owned by the respondent or in his or her possession, custody or control if the officer has probable cause to believe that said firearms or ammunition have not been surrendered. Upon issuance of any extreme risk protection under this chapter, including a temporary ex parte extreme risk protection order, the court shall order the respondent to surrender to the local law enforcement agency all 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 the respondent under RSA 159:6. VII. (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. 159-E:6  Contents of Extreme Risk Protection Orders. “Unfortunately, the process laid out in House Bill 687 goes too far and would weaken the constitutional rights of law-abiding New Hampshire citizens,” Sununu said. The respondent may submit one written request for a hearing to vacate an extreme risk protection order issued under RSA 159-E:5, starting after the date of the issuance of the order, and may request one additional hearing after every extension of the order, if any. Chris Sununu last week vetoed a bill that would have allowed gun seizures without due process. (b)  A parent or other person related by consanguinity or affinity, other than a minor child who resides with the respondent. VI. >> it is a public safety issue. Upon receipt of such a motion, the court shall schedule a hearing no later than 15 days after the expiration of the order. II. This act shall take effect January 1, 2020. The scope of the hearing shall be limited to: (a)  Establishing whether the respondent is subject to any state or federal law or, court order that prohibits the respondent from owning or possessing a firearm or ammunition; and. 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. 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. (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. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. The Department needs to prosecute significantly more cases or handle more appeals, then may... Respondent has used, or pled nolo contendere to a crime that constitutes domestic protection. Order under RSA 159-E:3 in the information system as long as the ‘ Red Flag.. ( d ) a violation of a domestic violence orders, stalking orders and criminal bail protective.! 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