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 in court proceedings. It stipulates that individuals whose firearms have been seized in connection with restraining orders or criminal proceedings are entitled to the prompt return of their property unless explicitly 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 conclusive response within ten business days.

The bill also outlines the process for handling "deny" responses from the Department of Safety, including the requirement for specific statutory citations and a confidential narration of the facts supporting the denial. Individuals may request a hearing if denied, and the burden of proof lies with the Department of Safety to demonstrate that the individual is prohibited from possessing firearms. Additionally, the bill allows for an appeal process to the New Hampshire Supreme Court, ensuring that transcripts of the proceedings are provided free of charge to petitioners. The bill does not allocate funding for new positions but estimates that the Department of Safety will require additional resources to manage the anticipated workload.