Relative to background checks during motions to return firearms and ammunition.
Impact
The bill's procedural expectations set explicit time frames for how quickly courts must act and mandate that NICS checks be requested within two business days. The Department of Safety is tasked with responding to these requests within ten business days. Furthermore, if a firearms return is denied based on the background check, the Department must cite specific legal grounds and retain documentation that only designated court personnel and the individual involved may access. This structured approach could significantly streamline the judicial process surrounding the return of firearms.
Summary
House Bill 1339, as amended, introduces a procedural framework for conducting background checks during court motions related to the return of firearms and ammunition. The bill stipulates that individuals from whom firearms have been seized—typically in connection with restraining orders or other judicial mandates—are entitled to prompt return of their property once the respective orders have lapsed, provided they are not barred from owning firearms under state or federal law. The court retains discretion to require background checks before initiating the return process.
Contention
Opponents of the bill may express concerns regarding the implications of discretionary background checks on the rights of individuals seeking to recover their firearms. Critics could argue that the potential for delayed returns of firearms due to background checks may infringe on personal liberties, particularly if the checks are not managed efficiently. Additionally, there may be fiscal implications associated with the need for additional staffing or resources needed to process these checks, as existing staff may not be able to accommodate the anticipated increase in workload without further funding or staffing provisions.
Relative to background checks during motions to return firearms and ammunition and relative to invalidating out-of-state driver's licenses issued to undocumented immigrants and relative to requiring schools to engage an owner's project manager for construction of school building aid projects at the time of application.
Authorizing the state to report mental health data for firearms background check purposes and providing for processes for voluntary surrender of firearms following certain mental health-related court proceedings and for relief from mental health-related firearms disabilities.
Authorizing the state to report mental health data for firearms background check purposes and providing for processes for confiscation of firearms following certain mental health-related court proceedings and for relief from mental health-related firearms disabilities.