Vetoed by Governor Chris Sununu

Vote Smart's Synopsis:

Vote to pass a bill that establishes a procedure for issuing extreme risk protection orders to protect against individuals who pose an immediate risk of harm to themselves or others.

Vote Smart's Synopsis:

Vote to pass a bill that establishes a procedure for issuing extreme risk protection orders to protect against individuals who pose an immediate risk of harm to themselves or others.

Highlights:

• Defines “extreme risk protection order” as a temporary, ex parte, or final order issued to temporarily restrict access to firearms by individuals who are found to pose an immediate or significant risk to themselves or others (Chap. 159-E:1).

• Defines “petitioner” as a law enforcement officer, family or household member, or intimate partner of the respondent who files a petition for an extreme risk protection order (Chap. 159-E:1).

• Authorizes a petitioner to file a petition, in the county or district where the petitioner or respondent reside, alleging that the respondent poses a significant risk of causing bodily injury to themselves or others by having a firearm or any ammunition in their custody or control or by purchasing possessing, or receiving a firearm or any ammunition (Chap. 159-E:3).

• Requires the court to hold a hearing within 7 days of the filing of a petition or within 4 days of service of process upon the respondent, whichever occurs later (Chap. 159-E:3).

• Authorizes a petitioner to request a temporary extreme risk protection order with or without actual notice to the respondent (Chap. 159-E:4).

• Requires the court, if a temporary extreme risk protection order is requested, to hold a temporary ex parte risk protection order hearing in person or by telephone on the day the petition is filed or on the business day immediately following (Chap. 159-E:4).

• Specifies that a temporary extreme risk protection order will expire upon the hearing on a final extreme risk protection order (Chap. 159-E:4).

• Prohibits an extreme risk protection order from exceeding a period of 12 months (Chap. 159-E:5).

• Specifies that the issuance of an extreme risk protection order will prohibit the respondent from purchasing, possessing, or receiving any firearms and ammunition for the duration of the order and will further direct the respondent to relinquish to a law enforcement officer all firearms and ammunition in the control, ownership, or possession of the respondent, and any license to carry a loaded pistol or revolver (Chap. 159-E:5).

• Authorizes the respondent to submit one written request for a hearing to vacate an extreme risk protection order starting after the date of the issuance of the order, and to request one additional hearing after every extension of the order, if any (Chap. 159-E:10).

• Authorizes the petitioner, by motion, to request an extension of an extreme risk protection order at any time within 30 days before the end of the order (Chap. 159-E:10).

• Classifies the violation of an extreme risk protection by having in possession, custody, or control any firearm or ammunition while the order is in effect, a class B felony (Chap. 159-E:11).

• Requires the administrative office of the courts to develop instruction and information brochures, standard petition forms, and extreme risk protection order forms (Chap. 159-E:13).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes a procedure for issuing extreme risk protection orders to protect against individuals who pose an immediate risk of harm to themselves or others.

Highlights:

• Defines “extreme risk protection order” as a temporary, ex parte, or final order issued to temporarily restrict access to firearms by individuals who are found to pose an immediate or significant risk to themselves or others (Chap. 159-E:1).

• Defines “petitioner” as a law enforcement officer, family or household member, or intimate partner of the respondent who files a petition for an extreme risk protection order (Chap. 159-E:1).

• Authorizes a petitioner to file a petition, in the county or district where the petitioner or respondent reside, alleging that the respondent poses a significant risk of causing bodily injury to themselves or others by having a firearm or any ammunition in their custody or control or by purchasing possessing, or receiving a firearm or any ammunition (Chap. 159-E:3).

• Requires the court to hold a hearing within 7 days of the filing of a petition or within 4 days of service of process upon the respondent, whichever occurs later (Chap. 159-E:3).

• Authorizes a petitioner to request a temporary extreme risk protection order with or without actual notice to the respondent (Chap. 159-E:4).

• Requires the court, if a temporary extreme risk protection order is requested, to hold a temporary ex parte risk protection order hearing in person or by telephone on the day the petition is filed or on the business day immediately following (Chap. 159-E:4).

• Specifies that a temporary extreme risk protection order will expire upon the hearing on a final extreme risk protection order (Chap. 159-E:4).

• Prohibits an extreme risk protection order from exceeding a period of 12 months (Chap. 159-E:5).

• Specifies that the issuance of an extreme risk protection order will prohibit the respondent from purchasing, possessing, or receiving any firearms and ammunition for the duration of the order and will further direct the respondent to relinquish to a law enforcement officer all firearms and ammunition in the control, ownership, or possession of the respondent, and any license to carry a loaded pistol or revolver (Chap. 159-E:5).

• Authorizes the respondent to submit one written request for a hearing to vacate an extreme risk protection order starting after the date of the issuance of the order, and to request one additional hearing after every extension of the order, if any (Chap. 159-E:10).

• Authorizes the petitioner, by motion, to request an extension of an extreme risk protection order at any time within 30 days before the end of the order (Chap. 159-E:10).

• Classifies the violation of an extreme risk protection by having in possession, custody, or control any firearm or ammunition while the order is in effect, a class B felony (Chap. 159-E:11).

• Requires the administrative office of the courts to develop instruction and information brochures, standard petition forms, and extreme risk protection order forms (Chap. 159-E:13).

Full Bill Text