New Hampshire 2023 Regular Session

New Hampshire House Bill HB106

Introduced
12/23/22  
Refer
12/23/22  
Report DNP
2/27/23  

Caption

Relative to extreme risk protection orders.

Impact

The introduction of HB 106 will alter existing laws around firearm access based on perceived mental health risks. It provides a legal pathway for addressing situations where individuals might pose a danger, thus enabling preventive measures to be taken in the interest of community safety. The anticipated administrative burden on the courts and law enforcement could potentially lead to increased operational costs, especially as the bill implies additional filings and hearings related to firearm seizures.

Summary

House Bill 106 establishes a framework for issuing extreme risk protection orders in New Hampshire. This legislative measure enables family members or law enforcement officers to petition courts to temporarily restrict individuals deemed to pose an imminent risk of harm to themselves or others from accessing firearms. The process is designed to enhance public safety by allowing courts to intervene before potential harm occurs. Specific procedures include submitting sworn affidavits detailing the reasons for such orders and defining clear grounds for court acceptance of these petitions. The bill distinguishes between temporary and final orders, with the latter potentially lasting up to twelve months.

Sentiment

Throughout discussions surrounding the bill, there appeared to be a division in sentiment, with proponents largely emphasizing the need for enhanced public safety measures to prevent gun violence, particularly in vulnerable populations. On the contrary, skeptics raised concerns regarding potential infringements on Second Amendment rights and warned about the subjective nature of determining 'risk,' advocating for more comprehensive mental health support rather than punitive measures.

Contention

Key points of contention include the balance between public safety and individual rights. Critics argue that the petition and order process could be misused for harassment or discrimination. Moreover, the ambiguity surrounding the assessment of risk raises fears about arbitrary decisions leading to unfair penalties or loss of rights. These concerns underpin continuing debates regarding the intersection of mental health, legal rights, and gun control measures.

Companion Bills

No companion bills found.

Previously Filed As

NH SB360

Relative to extreme risk protection orders.

NH HB1227

Authorize the issuance of extreme risk protection orders.

NH H8011

Extreme Risk Protection Orders

NH H5360

Extreme Risk Protection Orders

NH SB170

Extreme Risk Protection Order Petitions

NH HB27

Extreme Risk Protection Order Changes

NH HB3018

Federal Extreme Risk Protection Order Act of 2023

NH HB1594

AN ACT to amend Tennessee Code Annotated, Title 33; Title 38 and Title 39, Chapter 17, relative to extreme risk protection orders.

NH SB2959

AN ACT to amend Tennessee Code Annotated, Title 33; Title 38 and Title 39, Chapter 17, relative to extreme risk protection orders.

NH SB463

Creates provisions relating to an extreme risk order of protection

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