Revision: Oct. 25, 2023, 8:42 a.m.
2024 SESSION
24-2556.0
09/08
HOUSE BILL [bill number]
AN ACT relative to the federal relief from disabilities program.
SPONSORS: [sponsors]
COMMITTEE: [committee]
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ANALYSIS
This bill seeks to qualify the state for the federal relief from disabilities program by establishing a process whereby individuals may petition the court to remove the qualifying event that has resulted in a federal firearm disability.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2556.0
09/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to the federal relief from disabilities program.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Pistols and Revolvers; Relief from Disabilities. Amend RSA 159 by inserting after section 19-a the following new section:
159:19-b Relief from Disabilities.
I. A person who has been adjudicated incapacitated under RSA 464-A, committed to the state hospital or secure psychiatric unit under RSA 135, RSA 171-B, or RSA 651, or found not competent to stand trial under RSA 135:17, and who has been discharged from any court-ordered mental health services may petition the court that entered the order for an order stating that the person qualifies for relief from a firearms disability.
II. In determining whether to grant relief, the court shall hear and consider evidence, including any evidence presented by the applicant, about:
(a) The circumstances that led to imposition of the firearms disability under 18 U.S.C. section 922(g)(4);
(b) The person's mental health history;
(c) The person's criminal history; and
(d) The person's reputation, including any character witness statements, testimony, or other character evidence.
III. A court shall not grant relief unless it makes and enters in the record the following affirmative findings:
(a) The person is no longer likely to act in a manner dangerous to public safety; and
(b) Removing the person's disability to purchase a firearm is in the public interest.
IV. If the court denies the petition for relief, the petitioner may petition a court of proper jurisdiction for a de novo review of the court's decision to deny such petition.
V. Documentation of a granted petition shall be submitted to the division of safety, division of state police. The state police shall immediately enter such order into the appropriate state and federal databases, including notifying the Attorney General of the United States that the basis for imposing a firearm disability no longer applies so that the record system in which the record is maintained is kept up to date.
IV. Unless relief is granted under this section and the petitioner consents, no information shall be shared with the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives.
2 Effective Date. This act shall take effect 60 days after its passage.