This bill outlines a procedure for conducting discretionary background checks before the return of firearms and/or ammunition in court proceedings in New Hampshire. Specifically, it amends RSA 159-D by adding a new section that allows individuals whose firearms or ammunition have been seized in connection with various court orders, such as restraining orders or bail orders, to have their property promptly returned upon the termination or expiration of the relevant order, unless they are explicitly prohibited by state or federal law from receiving such property. Courts are not required to conduct background checks before returning firearms, but if they choose to do so, they must request a National Instant Criminal Background Check System (NICS) check within two business days of receiving a motion for the return of firearms. The Department of Safety must then provide a response within 10 business days, indicating whether the individual is allowed ("proceed") or prohibited ("deny") from possessing firearms. If a "deny" response is issued, the individual can request a court hearing, and the Department of Safety must demonstrate by clear and convincing evidence that the individual is prohibited from possessing firearms. If the Department fails to meet its burden, the court must order the return of the firearms. Aggrieved individuals may appeal to the New Hampshire Supreme Court within 30 days.

The fiscal note indicates that the bill will result in an indeterminable increase in expenditures for the Judicial Branch and that the Department of Safety will require an additional staff member to handle the increased workload, with estimated costs of $68,000 in FY 2025, $71,000 in FY 2026, and $73,000 in FY 2027. The bill does not provide funding or authorization for new personnel. The bill is set to take effect on January 1, 2025. The fiscal impact section of the bill has deletions marked, indicating that there will be no direct fiscal impact on state, county, or local revenues, and no new positions are authorized to implement the bill. However, the Department of Safety anticipates the need for additional staff and resources to manage the workload.

Statutes affected:
Introduced: 159-D:1