The clerk of the court shall enter any order issued under this chapter into a statewide judicial information system on the same day such order is issued. If non-telephonic temporary orders are made ex parte, the party against whom such relief is issued may file a written request with the clerk of the court and request an expedited hearing on such orders. You may seek the advice of an attorney as to any matter connected with this order.". (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. I. A petitioner may request, and court may enter, a temporary extreme risk protection order with or without actual notice to respondent. 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. IV. HOUSE BILL 687-FN . (k)  Corroborated evidence of the abuse of controlled substances or alcohol by the respondent. “Extreme risk protection order” means a temporary, ex parte, or final order issued pursuant to this chapter. 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. (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 Chapter; Extreme Risk Protection Orders. VI. The court may subsequently issue a search warrant authorizing a law enforcement officer to search for and seize any and 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. All law enforcement agencies shall develop policies and procedures regarding the acceptance, storage, and return of firearms, ammunition, or licenses required to be surrendered under this section. IV. 2  New Chapter; Extreme Risk Protection Orders. Webinar ID: 949 5457 3376 Senate Calendar 24, 4. 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. (c) A violation by the respondent of a domestic violence protection order issued under RSA 173-B. II. 159-E:3  Commencement of Proceedings; Hearing. The administrative office of the courts shall develop instructions and informational brochures, standard petition forms, and extreme risk protection order forms. House Bill 687 was supposed to go back to the drawing board and be cleaned up. Only the court can change the order and only upon written application.". ... House Bill 687 would allow law enforcement or family members to petition a judge for a hearing to determine if … 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. (e)  The court staff handbook shall allow for the addition of a community resource list by the court clerk. I. “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 court shall notify the petitioner of the impending expiration of an extreme risk protection order. (f)  Whether the respondent, in this state or any other state, has been convicted of. (e)  The total number of extreme risk protection orders extended during the previous year. Extreme risk protection orders, including temporary extreme risk protection orders, shall be promptly served on the respondent by the law enforcement officer. 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. 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. Many offenses are prosecuted by local and county prosecutors. “Intimate partner” means a person currently or formerly involved in a romantic relationship with another, whether or not such relationship was ever sexually consummated. By GARRY RAYNO, InDepthNH.org. 159-E:10  Termination and Extension of Orders. 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. This act shall take effect January 1, 2020. People whose firearms were unduly repossessed had to go to court to regain possession of their property. House Bill 687, sponsored by Representative Debra Altschiller (D-Rockingham 19), would allow for the issuance of ex parte orders that would suspend … (c)  The total number of extreme risk protection orders issued and the total number denied during the previous year. In the Year of Our Lord Two Thousand Nineteen. House Bill 687, sponsored by Representative Debra Altschiller (D-Rockingham 19), would allow ex parte orders that would suspend Second Amendment rights without adequate due process. 3  Effective Date. IV. Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. be done in New Hampshire, but that work cannot come at the expense of the constitutional rights of our citizens. NYC billionaire Michael Bloomberg is spending a lot … The administrative office of the courts shall distribute a master copy of the petition and order forms, instructions, and informational brochures to all court clerks and shall distribute a master copy of the petition and order forms to all clerks of the circuit courts. SPONSORS: Rep. Altschiller, Rock. 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. III. The court may make the community resource list available as part of or in addition to the informational brochures described in paragraph I. III. (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. IV. There shall be a presumption of validity where an order appears facially valid. Some legislators in New Hampshire are trying to push Red Flag Laws. 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. If the Department needs to prosecute significantly more cases or handle more appeals, then costs may increase by an indeterminable amount. Such hearing shall be held no less than 3 business days and no more than 5 business days after the request is received by the clerk. [ X ] State              [ X ] County               [    ] Local              [    ] None, [ X ] General            [    ] Education            [    ] Highway. (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. 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. The Branch states the infrastructure is in place for the database required in this bill; however, the extent to which the volume of "threat of violence" protective orders causes additional expenses resulting in the need for new employees and/ or new computer equipment is unknown. This act shall take effect January 1, 2020. If you have not done so already, you shall surrender immediately to the (insert name of local law enforcement agency) all firearms and ammunition that you own or that are in your custody, control, or possession and any license to carry a loaded pistol or revolver issued to you under RSA 159:6. The court may cancel the hearing upon a satisfactory showing that the respondent is in compliance with the surrender order. The respondent shall be responsible for informing the court of any changes of address. Notice shall be received by the petitioner at least 30 days before the date the order is set to expire. Respectfully submitted, Christopher ~Lil--T. Summu Governor 107 North Main Street, State House -Rm 208, Concord, New Hampshire 03301 II. For the reasons stated above, I have vetoed House Bill 687. 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. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -. Second Amendment supporters are encouraged to attend this meeting remotely starting at 9:10 AM, to OPPOSE HB 687. 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. III. VII. HB 687-FN - AS INTRODUCED . The order shall remain in the information system as long as the order remains in effect. Explanation: Matter added to current law appears in, Matter removed from current law appears [. IV. Any extreme risk protection order issued under this chapter shall be effective throughout the state. I. IV. But what has emerged (with the Murphy substitute) is the same garbage which was originally pedaled in New Hampshire by the Giffords’ organization. A temporary extreme risk protection order shall expire upon the hearing on a final extreme risk protection order under RSA 159-E:3, VIII. tim: new hampshire house bill 687 focuses on extreme risk protection orders, allowing a household member or … (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 district division of the circuit court shall have jurisdiction over all proceedings under this chapter. III. (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. (h)  The unlawful or reckless use, display, or brandishing of a firearm by the respondent. 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. 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. VIII. (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. 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. (e)  The address of the court in which any responsive pleading should be filed. Upon receipt of such a motion, the court shall schedule a hearing no later than 15 days after the expiration of the order. 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. Chris Sununu last week vetoed a bill that would have allowed gun seizures without due process. 2019 SESSION. VI. 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. relative to extreme risk protection orders. “Respondent” means an individual who is identified as the respondent in a petition filed under this chapter. (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. (d)  The total number of extreme risk protection orders vacated upon petition by the respondent during the previous year. 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 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. Amend RSA by inserting after chapter 159-D the following new chapter: Effective Date. AN ACT relative to extreme risk protection orders. 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. (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. II. Or iPhone one-tap: 13126266799,,94954573376# or 19292056099,,94954573376# Senate Calendar 24, 3. 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. 04/05 . The New Hampshire bill now goes to the Senate, which, like the House, is controlled by Democrats. Read the legislation and learn the truth about what it really does. II. 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 … 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. II. (i)  The recurring use of, or threat to use, physical force by the respondent against another person or the respondent stalking another person. I. 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. 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. 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. The law enforcement agency may charge the respondent a reasonable fee for the storage of any firearms and ammunition taken surrendered or seized to an extreme risk protection order. The petitioner may, by motion, request an extension of an extreme risk protection order at any time within 30 days before the end of the order. 31; Rep. Mulligan, Graf. (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. 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. The respondent shall be personally served with notice of the motion to extend as provided in RSA 159-E:7. (e)  A violation of a previous or existing risk protection order issued against the respondent. 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. 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. No later than April 1 of each year the administrative office of the courts shall compile and publish on its website a report which aggregates the information received pursuant to paragraph I and lists each category by county and type of court. Governor Sununu stood with Granite Staters and VETOED Michael Bloomberg's destructive and draconian Red Flag bill on August 7th!!! (l)  Evidence of recent acquisition of firearms or ammunition by the respondent. The administrator shall then arrange for translation of the instructions and informational brochures required by this section, which shall contain a sample of the standard petition and order for protection forms, into the languages spoken by those significant non-English-speaking populations and shall distribute a master copy of the translated instructions and informational brochures to all clerks of the circuit court by January 1, 2020. IV. III. III. But even if it passes, it likely will be vetoed by Republican Gov. 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. III. III. (d)  A previous or existing risk protection order issued against the respondent. (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. III. The court shall provide the respondent with a form to request a hearing to vacate. I understand that making a false statement on this petition will subject me to criminal penalties.”. 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. (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. This legislation is better known as the ‘Red Flag’ bill. 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. 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