The "Chief Bradley Haas Mental Health Firearms Reporting Act" seeks to improve the reporting of mental health data for firearms background checks and establish protocols for the confiscation of firearms following certain mental health-related court proceedings. The bill amends RSA 159-D:1 to incorporate a mental health record check into the criminal history record check for firearm sales. It also introduces a new chapter, RSA 159-G, which empowers the New Hampshire judicial branch and the department of safety to report individuals disqualified from firearm possession due to mental health adjudications to the National Instant Criminal Background Check System (NICS). This includes individuals found not guilty by reason of insanity, those deemed incompetent to stand trial and a danger to themselves or others, and those involuntarily committed to mental health facilities. The bill also mandates that information sent to NICS regarding mental health-related firearm prohibitions will not be public records and will exclude confidential medical or treatment records.

Furthermore, the bill establishes a process for individuals with certain mental health adjudications to petition for relief from firearm disabilities, allowing those involuntarily committed or found not guilty by reason of insanity to seek a review of their mental capacity to possess firearms after specified time frames. It outlines the petition process, which includes an independent psychiatric examination and a court hearing to assess public safety risks. The court can grant relief if it finds clear and convincing evidence that the individual does not pose a danger. Additionally, the bill requires the Attorney General to seek federal approval for restoring firearm rights and repeals a section of current law regarding NICS submissions. An appropriation of $1 is included for independent psychiatric evaluations, but overall implementation costs for the Judicial Branch are not funded. The bill's provisions will only take effect upon receiving federal approval, with relevant sections becoming void if such approval is not granted.

Statutes affected:
Introduced: 159-D:1, 126-AA:2