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Committee trims 'confiscation' language from mental-health firearms bill; amendment adopted 11-5, bill passes 10-6
Summary
A House committee removed a confiscation provision from a bill addressing mental-health-related firearms prohibitions after discussions with advocacy groups, adopted the amendment 11-5, and later passed the bill 10-6 during the same executive session.
A New Hampshire House committee adopted an amendment that removes a confiscation requirement from House Bill 159, which concerns firearms prohibitions tied to mental-health adjudications, and then voted to pass the bill as amended.
Chairman Roy explained that the amendment was drafted after consultation with the National Rifle Association and other pro–Second Amendment groups; he said the amendment eliminates a "confiscation piece" and instead directs judges to advise restricted persons to dispose of firearms. "The entire confiscation piece has been left out and taken out," the chairman said. "Now the judge will just advise someone who has been so restricted that they have to dispose of their firearms, if they have any. Otherwise, the bill is the same."
During debate a committee member asked whether the amendment was the same as an earlier version; the chair responded that it was a later amendment and noted he had distributed copies to the clerk. The committee then adopted the amendment by roll call, with the chair announcing "11 5. The motion is adopted." The committee later voted to pass the bill with the amendment; the chair announced a 10-6 result and said, "Motion carries."
Chairman Roy characterized the bill in contrast to a "red flag" process: "A red flag bill is when someone makes an allegation against somebody that they may be dangerous. And based on that allegation, the police go and take their firearms. This bill... someone has to actually be brought to the court first, proved that they are dangerous to themselves or others in a court of law when they have an attorney, and only after then can they be banned from owning firearms. So the difference... are night and day." He said the bill aligns with similar laws in other states.
Votes at a glance - Amendment adoption (removing confiscation): 11 yes, 5 no (chair reported). - Final passage (as amended): 10 yes, 6 no (chair reported).
What the amendment does and why it matters Committee leaders said the amendment narrows enforcement options by removing mandatory confiscation and leaving disposal as a judicial advisory step, a change discussed with pro–Second Amendment stakeholders. Committee debate touched on due-process concerns and terminology distinguishing this bill from emergency "red flag" orders.
Next steps With committee passage, the bill will proceed in the legislative process in its amended form.
