This bill establishes a new criminal offense for possessing a firearm in violation of a court order that mandates the surrender of firearms and ammunition. Specifically, it introduces a new section, RSA 159:3-b, which classifies such possession as a class A misdemeanor for a first offense and a class B felony for any subsequent offenses. Additionally, the bill amends RSA 597:2 to include this offense as a qualifying factor for presuming a defendant's dangerousness, which may lead to denial of bail under certain conditions, particularly if the violation is linked to a domestic violence order of protection or if the defendant is also charged with domestic violence.
The bill's effective date is set for 60 days after its passage. It is expected to have indeterminable fiscal impacts on state and local governments due to potential changes in judicial and correctional costs associated with prosecution, incarceration, probation, and parole related to the new offense. The bill does not project any revenue generation but may influence expenditures in the judicial system.
Statutes affected: Introduced: 597:2
HB1454 text: 597:2