HB 1711 - Requires Closure of the State Gun Purchase Loophole - New Hampshire Key Vote

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Title: Requires Closure of the State Gun Purchase Loophole

Vote Smart's Synopsis:

Vote to pass a bill that requires New Hampshire's judicial system to report to the FBI's background check system when a person had been involuntarily committed or found not guilty by reason of insanity.

Highlights:

  • Authorizes the New Hampshire judicial branch and the Department of Safety to report to the National Instant Criminal Background Check System (NICS) records concerning persons who have been disqualified from possessing or receiving firearms (Sec. 1). 

  • Establishes the following as disqualifications from possessing or receiving firearms: 

    • Adjudicated as not guilty of a crime by reason of insanity; 

    • Adjudicated as incompetent to stand trial and found by the court to be a danger to themselves or others; or

    • Involuntarily committed to a mental health facility. 

  • Requires the person's name, identifier signifying the applicable prohibition, their social security number, and date of birth when submitting information to the NICS (Sec. 1). 

  • Authorizes the court to inquire if a person, under the qualifications of the aforementioned traits, owns or has access to a firearm (Sec. 1). 

  • Expands that if the person answers affirmatively the court may order law enforcement to confiscate those firearms or ammunition (Sec. 1). 

  • Authorizes the court to issue the following orders (Sec. 1): 

    • Directing the person to make arrangements to voluntarily relinquish firearm or ammunition; 

    • Encourage the person to transfer firearms to another person whom the person committed des not cohabitate; or 

    • Direct law enforcement to confiscate firearms owned by the person no later than 48 hours after the order is issued. 

 

  • Authorizes petitioners to present evidence and call witnesses to a hearing (Sec. 1). 

  • Establishes that if the final order grants relief, the court shall request that the NICS entry be redacted and shall notify the United States Attorney General that the basis of the order no longer applies (Sec. 1). 

  • Requires the act to take effect 60 days after passage (Sec. 5). 

Title: Requires Closure of the State Gun Purchase Loophole

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