This bill introduces a new section to RSA 159-D, establishing a procedure for discretionary background checks prior to the return of firearms and ammunition that have been seized in connection with court orders, such as restraining orders or bail orders. The bill stipulates that individuals whose firearms have been seized are entitled to their prompt return upon the expiration of the relevant order, unless prohibited by state or federal law. While courts are not mandated to conduct background checks before returning firearms, they may choose to do so at their discretion. If a court opts for a background check, it must request a National Instant Criminal Background Check System (NICS) check within two business days, and the Department of Safety is required to provide a response within ten business days.

The bill also outlines the process for handling "deny" responses from the Department of Safety, including the requirement for the department to provide specific statutory citations and a narrative of the facts supporting the denial. Individuals denied the return of their firearms can request a hearing, where the burden of proof lies with the Department of Safety. Additionally, the bill allows for appeals to the New Hampshire Supreme Court without any fees for transcripts. The effective date for this act is set for January 1, 2026. The bill does not allocate funding for new positions but estimates costs associated with the additional workload on the Department of Safety and the Judicial Branch.