New Hampshire House Bill HB1337

New Hampshire 2024 Regular Session

• Introduced: 12/6/23
• Refer: 12/6/23
• Report DNP: 2/13/24

Caption

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

Impact

The passing of HB1337 would directly affect state laws regarding the management of firearms after protective orders expire. Laws that prevent law enforcement from releasing these items without a court order will be repealed. This change potentially simplifies the process for defendants to regain possession of their firearms after protective orders are lifted, but it raises concerns about the safety of plaintiffs who may still be at risk of harm. Moreover, the legislation removes the liability of law enforcement for any damage or deterioration of firearms during storage, which may discourage strict adherence to evidence preservation protocols.

Summary

House Bill 1337 (HB1337) aims to regulate the return of firearms and ammunition held by law enforcement upon the expiration of protective orders. The proposed legislation shifts the responsibility to the plaintiff—typically a victim of domestic violence—to file a request for a hearing within 15 days before the expiration of the protective order. If no such request is made, the law mandates that all firearms, ammunition, or specified deadly weapons must be returned to the defendant. This represents a significant change in how the law addresses the ownership of firearms in the context of domestic violence situations.

Sentiment

The sentiment surrounding HB1337 has been mixed, with advocates for victims of domestic violence expressing strong concerns about the implications for safety and the potential for retaliation. On the other hand, proponents argue that this bill upholds the rights of defendants by not holding their firearms indefinitely without due process. The discussion reflects deep divides on issues of gun rights, victim protection, and judicial fairness. The atmosphere in the legislature indicates heightened emotions on both sides, pointing to broader societal debates on gun control and victims' rights.

Contention

Notable points of contention include the requirement that plaintiffs must actively request a hearing to prevent the return of firearms, essentially placing the onus on victims, who may already be in vulnerable situations. Critics argue that this expectation disregards the complexities and dangers inherent in domestic violence cases. The repeal of certain provisions meant to protect both law enforcement and victims adds further concern about unintended consequences, including increased potential for firearms to be returned to individuals who might still pose a threat. Agencies like the Department of Justice have outlined that the bill may require additional resources to manage the new legal obligations it imposes on victim advocates and law enforcement.