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. 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. A petition for an extreme risk protection order shall: (a)  Be accompanied by a written affidavit, signed by the petitioner under oath. IV. Any valid extreme risk protection order, as defined in paragraph II, shall be accorded full faith and credit throughout the state. Unfortunately, the process laid out in House Bill 687 goes too far and would weaken the constitutional rights of law-abiding New Hampshire citizens. Explanation: Matter added to current law appears in, Matter removed from current law appears [. 19; Rep. Fenton, Ches. I. Materials shall be based on best practices and available electronically online to the public. The standard petition and order forms shall be used after January 1, 2020, for all petitions filed and orders issued under this chapter. In the Year of Our Lord Two Thousand Nineteen. New Hampshire; National Edition. 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. VIII. The court shall notify the petitioner of the impending expiration of an extreme risk protection order. 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. Many offenses are prosecuted by local and county prosecutors. “Extreme risk protection order” means a temporary, ex parte, or final order issued pursuant to this chapter. “To the subject of this extreme risk protection order:  This order will remain in effect until the date noted above. New Hampshire House Bill 688 Would Establish The Companion Animal Welfare Division In The NH Department Of Agriculture, Markets And Food At … Matter removed from current law appears [in brackets and struckthrough.]. (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. 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. 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. 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. The district division of the circuit court shall have jurisdiction over all proceedings under this chapter. Only the court can change the order and only upon written application.". (e)  The court staff handbook shall allow for the addition of a community resource list by the court clerk. 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. 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: House Bill 687, sponsored by Representative Debra Altschiller (D-Rockingham 19), would allow for the issuance of ex parte orders that would suspend … 159-E:7  Notification; Reporting of Orders. To view/listen to this hearing on YouTube, use this link: https://www.youtube.com/channel/UCjBZdtrjRnQdmg-2MPMiWrA Senate Calendar 24, 5. For the reasons stated above, I have vetoed House Bill 687. (c) A violation by the respondent of a domestic violence protection order issued under RSA 173-B. 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. had adjudication withheld on, or pled nolo contendere to a crime that constitutes domestic violence as defined in RSA 173-B:1. Chris Sununu. IX. (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. 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. Modifications, extensions, and any order vacating an extreme risk protection order shall be sent to the respondent’s last address of record. House Bill 687 was supposed to go back to the drawing board and be cleaned up. Senate Calendar 24, 6. If the court finds that probable cause exists, the court shall issue a warrant describing the firearms or ammunition owned by the respondent or in his her custody, control or possession and authorizing a search of the locations where any such firearms or ammunition are reasonably believed to be found and the seizure of any such firearms or ammunition discovered pursuant to such search. But even if it passes, it likely will be vetoed by Republican Gov. All petitions filed under this chapter shall include the home and work telephone numbers of the respondent, if known. (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. New Hampshire's Republican Gov. 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. The court shall require proof that the respondent has surrendered any firearms or ammunition owned by the respondent or in his or her custody, control, or possession. III. “Respondent” means an individual who is identified as the respondent in a petition filed under this chapter. FISCAL IMPACT:      [ X ] State              [ X ] County               [    ] Local              [    ] None, [ X ] General            [    ] Education            [    ] Highway           [    ] Other. Providing tools allowing you to research pending legislation, stay informed with email alerts, content feeds, and share dynamic reports. LEGISLATION. (b)  The total number of temporary extreme risk protection orders issued and the total number denied during the previous year. 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. IV. Amend RSA by inserting after chapter 159-D the following new chapter: Effective Date. (d) Whether a mental health evaluation or chemical dependency evaluation of the respondent is required and, if so, when the results of said evaluation must be provided to the court. II. I. The administrative office of the courts shall determine the significant non- English-speaking or limited-English-speaking populations in the state. (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. 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. 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. 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. However, if, after notice and hearing, the motion for extension is uncontested and no modification of the order is sought, the order may be extended on the basis of a motion or affidavit stating that there has been no material change in relevant circumstances since entry of the order and stating the reason for the requested extension. 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. 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. People whose firearms were unduly repossessed had to go to court to regain possession of their property. 159-E:3  Commencement of Proceedings; Hearing. 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. (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. Law enforcement agencies shall establish procedures whereby a law enforcement officer at the scene of an alleged violation of such an order may be informed of the existence and terms of such order. VI. 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. II. (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. (k)  Corroborated evidence of the abuse of controlled substances or alcohol by the respondent. All such petitions shall contain the following statement: “I swear that the foregoing information is true and correct to the best of my knowledge. 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. 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. 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 … 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 … They are also pushing a new version of “elder care” gun confiscation, HB 1660, which is similar to HB 696 which was vetoed last year. IV. 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. 19-0007. 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. Respectfully submitted, Christopher ~Lil--T. Summu Governor 107 North Main Street, State House -Rm 208, Concord, New Hampshire 03301 (e)  The address of the court in which any responsive pleading should be filed. If the court denies the petitioner’s request for an extreme risk protection order, the court shall state the particular reasons for the denial. 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. (m)  Witness testimony, taken while the witness is under oath, relating to the matter before the court. I. 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. 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. 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. 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. (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. (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. (b)  A parent or other person related by consanguinity or affinity, other than a minor child who resides with the respondent. This legislation is better known as the ‘Red Flag’ bill. The court shall reschedule any hearing under this section in an expeditious manner. VII. This act shall take effect January 1, 2020. 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