New Hampshire 2022 Regular Session

New Hampshire House Bill HB1281

Introduced
11/19/21  

Caption

Relative to access to firearms confiscated from a person who is subject to a protective order.

Impact

The implementation of HB 1281 is anticipated to have significant implications for state laws regarding domestic violence and firearm possession. By facilitating a third-party storage solution for firearms, the bill seeks to both ensure the safety of individuals protected by court orders and alleviate the burden on law enforcement regarding the custody of confiscated weapons. Additionally, it aims to streamline processes within the judicial system, potentially altering how protective orders are enforced and monitored concerning firearm ownership.

Summary

House Bill 1281 is a legislative proposal aimed at addressing the handling of firearms that have been confiscated from individuals subject to protective orders, often related to domestic violence. The bill stipulates that individuals under such protective orders are required to relinquish their firearms to law enforcement. However, it introduces provisions allowing these individuals to designate a third party—not a peace officer—to take custody of the firearms for storage or disposal purposes. This measure is set to enhance the management of firearms in situations where safety concerns necessitate the confiscation of weapons from potentially dangerous individuals.

Sentiment

The sentiment surrounding HB 1281 exhibits a divided response from both lawmakers and advocacy groups. Supporters contend that the bill enhances safety and accountability in managing firearms among those under protective orders. They argue it creates a necessary mechanism for responsible firearm handling without imposing excessive restrictions. Conversely, critics express concerns that the bill might enable loopholes that could inadvertently grant access to firearms, undermining the protective intent of such orders. This tension reflects broader discussions about balancing rights to personal property with public safety.

Contention

A notable point of contention within the discussions around HB 1281 revolves around the potential legal consequences for individuals who violate the terms of the protective orders. The bill establishes criminal penalties for those who allow access to confiscated weapons, raising debates about the effectiveness of such measures in actually preventing violence. Critics question whether the outlined penalties are sufficient to deter violations, and whether the law goes far enough to ensure the safety of domestic violence victims while respecting the rights of individuals subject to those orders.

Companion Bills

No companion bills found.

Previously Filed As

NH HB106

Relative to extreme risk protection orders.

NH HB351

Relative to the negligent storage of firearms and relative to firearm safety devices.

NH HB62

Relative to protection of persons from domestic violence and military protective orders.

NH HB1337

Relative to the return of weapons and ammunition upon expiration of protective orders.

NH HB535

Relative to appointment of counsel for a child who is the subject of a proceeding in a child protection case.

NH HB1064

Relative to penalties for violation of protective orders.

NH SB360

Relative to extreme risk protection orders.

NH SB299

Relative to the penalty for escape and relative to home cultivation of cannabis plants and the possession of certain cannabis-infused products.

NH HB32

Relative to possession or discharge of a firearm in a safe school zone.

NH HB1306

Relative to personal possession of marijuana.

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