This bill changes the burden on the plaintiff to file a request for a hearing prior to the expiration of a protective order. If the plaintiff does not file a request, all firearms, ammunition, and specified deadly weapons will be returned to the defendant. The bill also removes the prohibition on law enforcement agencies releasing firearms, ammunition, or specified deadly weapons without a court order. It also removes the authorization for law enforcement agencies to charge the defendant a fee for the storage of firearms, ammunition, and specified deadly weapons. Additionally, the bill removes the subsection providing law enforcement agencies with release from liability for damage or deterioration to the firearms, ammunition, or specified deadly weapons stored.

The bill amends RSA 173-B:5, X to require the plaintiff to request a hearing on the return of firearms, ammunition, and specified deadly weapons held by law enforcement agencies within 15 days prior to the expiration of the protective order. The court will schedule a hearing and provide notice to the defendant and the law enforcement agency. The scope of the hearing will be limited to determining if the defendant is subject to any state or federal law or court order that prohibits them from owning or possessing a firearm, and if the plaintiff has established by a preponderance of the evidence that the defendant continues to represent a credible threat to the safety of the plaintiff. If the court finds that the defendant is not subject to any prohibitions and denies the plaintiff's request to extend the protective order, or if no motion for a hearing is filed by the plaintiff, the court will issue an order directing the law enforcement agency to return the firearms, ammunition, or deadly weapon to the defendant. The bill also allows the defendant to make alternative arrangements with a federally licensed firearms dealer for the storage of firearms, at the defendant's own expense, upon approval of the court.

Statutes affected:
Introduced: 173-B:5