Revision: Dec. 18, 2023, 12:48 p.m.
2024 SESSION
24-3144.0
09/08
HOUSE BILL [bill number]
SPONSORS: [sponsors]
COMMITTEE: [committee]
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ANALYSIS
This bill authorizes the state to report mental health data for firearms background check purposes and provides for processes for the confiscation of firearms following certain mental health-related court proceedings and for relief from mental health-related firearms disabilities.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-3144.0
09/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Short Title. This bill shall be known and may be cited as the "The Chief Bradley Haas Mental Health Firearms Reporting Act."
2 Sale of Firearms; Criminal History Record Check, Mental Health Record Check, and Protective Order Check. Amend RSA 159-D:1 to read as follows:
159-D:1 Sale of Firearms; Criminal History Record Check, Mental Health Record Check, and Protective Order Check.
The department of safety may become the point of contact for the federal government for the purposes of the National Instant Criminal Background Check System (NICS).
3 New Chapter; Mental Health Reporting for Firearm Background Checks. Amend RSA by inserting after chapter 159-E the following new chapter:
CHAPTER 159-F
Mental Health Reporting for Firearm Background Checks
159-F:1 Mental Health Reporting Authorized.
I. In compliance with the federal NICS Improvement Amendments Act of 2007, Public Law 110-180 and the Brady Handgun Violence Prevention Act of 1993, Public Law 103-159, the New Hampshire judicial branch, in cooperation with the department of safety, is authorized to report to the National Instant Criminal Background Check System (NICS), via the New Hampshire State Police Online Telecommunications System (SPOTS), records concerning persons who have been adjudicated as not guilty of a crime by reason of insanity or incompetent to stand trial, or who have been involuntarily committed to a mental health facility pursuant to RSA 135-C:34-54, and are thus disqualified from possessing or receiving a firearm under 18 U.S.C. section 922(g)(4).
159-F:2 Entry Into the National Instant Criminal Background Check System.
Notwithstanding any other provision of law, including the requirement of a closed hearing and file under RSA 135-C:43, when a judge orders a nonemergency involuntary admission pursuant to RSA 135-C:34-54, and the order is one that qualifies under 18 U.S.C. section 922(g)(4), the court shall retain a record of the court order and promptly enter the order in the NICS Indices. When a person is found not guilty by reason of insanity pursuant to RSA 651:8-b, or incompetent to stand trial pursuant to RSA 135:17-a, the court shall promptly enter the disposition in the NICS Indices.
159-F:3 Entry into the New Hampshire State Police Online Telecommunications System; Confiscation of Firearms.
I. The court shall report the person's name, an identifier signifying a mental health prohibition, and other nonclinical, identifying information, including the person's social security number and date of birth, via SPOTS.
II. The court shall notify the person that such person is prohibited under federal law from purchasing, possessing, carrying, or transporting a firearm unless a petition for relief from disability is subsequently granted pursuant to chapter 159-G. The court shall inquire of the person if they currently own or have access to any firearms, and if so, where they are located.
III. The court shall simultaneously with the order of commitment, issue an order to law enforcement to confiscate any firearms or ammunition owned by the person. Law enforcement shall carry out the order of the court as soon as possible, but in no case later than 48 hours after the order is issued. If it is determined that the person being committed has access to firearms belonging to another at his or her place of residence or elsewhere, the owner of said firearms shall be advised by law enforcement that allowing the person who has been committed access to firearms, under any circumstances, is a violation of federal and state law and makes the owner subject to criminal prosecution and possible loss of rights. The court shall inform the person being committed that any firearms or ammunition in the person's possession will be confiscated by law enforcement and shall provide the person, the person's attorney, or a family member present at the hearing, with information related to where the firearms will be stored and the process for having the firearms legally transferred to another person with whom the person committed does not cohabitate and is not themselves a prohibited person; alternatively, the firearms may be transferred to a federally licensed firearms dealer for further disposition at the request of the owner. The department of safety shall provide the court with the information necessary to make this notification.
159-F:4 Exclusions.
I. The court shall not transmit information on persons seeking voluntary treatment or on persons involuntarily hospitalized for assessment or evaluation.
II. Information transmitted by the court to NICS via SPOTS pursuant to this section shall not be considered as public records pursuant to RSA 91-A.
III. The records maintained pursuant to this chapter shall only be used for purposes of determining eligibility to purchase, possess, carry, or transfer a firearm or ammunition. Information furnished shall not include confidential medical or treatment records, confidential tax or financial data, library records, or other personal information.
159-F:5 Copy of Report.
A copy of any report required by this chapter shall be provided to the person who is the subject of the report. The report shall include written notice to the person who is the subject of the report that the person is not permitted to possess a firearm.
4 New Paragraph; Access to Governmental Records and Meetings; Exemptions. Amend RSA 91-A:5 by inserting after paragraph I-a the following new paragraph:
I-b. Information transmitted by the court to the National Instant Criminal Background Check System via the New Hampshire State Police Online Telecommunications System pursuant to RSA 159-F:4, II.
5 New Chapter; Relief from Disabilities. Amend RSA by inserting after chapter 159-F the following new chapter:
CHAPTER 159-G
Relief from Disabilities
159-G:1 Relief from Disabilities Petition.
Any person who has a non-emergency involuntary commitment under RSA 135-C:34-54 or has been found not guilty by reason of insanity or incompetent to stand trial pursuant to RSA 135:17-a, and who is subject to the firearm disabilities of 18 U.S.C. section 922 (d)(4) and (g)(4) and RSA 159-F, may petition the probate court for a civil review of the person's mental capacity to purchase a firearm. The motion for relief may be filed after 6 months after the involuntary commitment has elapsed or 6 months after an absolute discharge order has been filed with the probate court. Individuals found not guilty by reason of insanity may file for relief with the district court for consideration 6 months after the not guilty by reason of insanity status pursuant to RSA 651:8-b has ended.
159-G:2 Psychiatric Examination.
Upon receipt of a petition for relief, the court shall order an independent psychiatric examination from the department of health and human services bureau of behavioral health to be completed prior to the hearing, which shall be scheduled in no more than 45 days. The independent psychiatrist shall provide the court with an opinion as to whether the person is disabled by a mental illness in a manner that it would result in substantial likelihood of serious harm if the person were to possess a firearm.
159-G:3 Hearing; Order; Appeals.
I. The petitioner may present evidence and witnesses at the hearing on the petition. The probate court shall make written findings of fact and conclusions of law on the issues before it and issue a final order. The probate court may only consider applications for relief due to mental health adjudications or commitments that occurred in New Hampshire. The court shall review the circumstances regarding the firearms disabilities imposed by 18 U.S.C. section 922(g)(4), and records consisting of at minimum mental health and any criminal record, if applicable, and the person’s reputation developed through character witness testimony, witness statements, or other character evidence.
II. The court shall grant the relief requested in the petition if the judge finds by clear and convincing evidence that the petitioner will not be likely to act in a manner that is dangerous to public safety and that granting the relief would not be contrary to the public interest. If the final order grants relief, the court shall, as soon as possible, redact the prior order from the NICS or shall request that the redaction be done and shall notify the United States Attorney General that the basis for the record being made available no longer applies. The petitioner may appeal a final order denying relief within 30 days of the order to the New Hampshire supreme court. The supreme court shall review the case de novo and has discretion to review additional evidence.
III. If the motion for relief is denied, the person may petition the court for relief again after 2 years have elapsed.
6 Application Required. The attorney general shall make application for approval of section 4 of this act to the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives, or other such agency as may be required by federal law in order to ensure New Hampshire citizens are provided with the ability to have their rights restored. Chapter 159-F shall not go into effect until the attorney general receives federal approval of the restoration of rights process.
7 Appropriation; New Hampshire Judicial Branch. The sum of $1 for the fiscal year ending June 30, 2024 is hereby appropriated to the New Hampshire judicial branch for the cost of independent psychiatrist evaluations. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
I. Section 2 of this act shall take effect as described in section 5 of this act.
II. The remainder of this act shall take effect 30 days after passage.