Last week we came to you with an alert on the current state of gun legislation in New Hampshire. As of this week, two bills related to the National Instant Criminal Background Check System are moving and require action:
HB 506 — Allows for a background check to be conducted on an individual who is entitled to the return of seized firearms and ammunition upon the termination or expiration of a court order. This means someone who has had their firearms and ammunition seized after a restraining order or bail order, for example, could potentially undergo a background check just to receive property that has already been ordered by the court to be returned to them.
The bill does not mandate background checks, but it allows courts to request a National Instant Criminal Background Check System (NICS) check before returning the firearms.
On February 20th the majority of the Criminal Justice and Public Safety committee voted that this bill “Ought to Pass With Amendment.” Following this vote, the bill was referred to the Finance Committee and a work session was scheduled for March 7th.
HB 159-FN — Undermines due process rights by allowing confidential mental health data to be used by the state to confiscate firearms without guaranteed legal representation or a fair hearing. Using confidential mental health data for background checks infringes on personal privacy.
Another fault of this bill is that due to someone being involuntarily committed during an earlier time of their life, including those who have recovered and moved on with their lives, may never pass a NICS again, ultimately permanently barring them from firearm ownership. HB 159FN has a work session coming up very shortly, potentially as soon as next week.
Again, these two bills are being heard next week in committee. So, contact your State Representatives immediately in the form above and urge them to OPPOSE these bills.
