State Police and Courts Warn of Legal and Practical Problems with Proposed 24‑Hour Return of Firearms Bill
Loading...
Summary
A House bill that would require courts to order return of seized firearms within 24 hours after an acquittal or dismissal drew questions from state police and judges about federal transfer law, multi‑state record checks and a workable timeline. Committee members signaled a preference for clearer timelines and notification requirements.
Representative Mark Pru introduced HB 1203, a proposal to require that firearms seized by law enforcement be returned within 24 hours if criminal charges are dismissed or the defendant is found not guilty. He said the bill seeks to ensure property is returned promptly after a court’s disposition.
The State Police’s captain in charge of the Gun Line, Victor Muzzy, told the Criminal Justice and Public Safety Committee that the department had no formal position but urged caution. He warned a hard 24‑hour deadline could conflict with federal transfer rules and put officers or departments at legal risk if a firearms transfer occurs contrary to federal law. Muzzy explained New Hampshire’s background check system checks regional and state records in addition to the FBI’s NICS indices and that some investigations require contacting other jurisdictions, which can take time.
Judicial branch staff described the process courts currently use: judges order a background check and the State Police Gun Line typically runs the check and returns an order to release firearms when the person is cleared. Judicial witnesses said courts have adopted internal protocols to speed returns — they cited a 10 business‑day protocol in court procedures — and that orders can be issued without re‑listing a case if the Gun Line reports the defendant is cleared.
Committee members pressed on two technical points: whether the bill’s language that courts “shall not request or conduct a background check” would prevent other agencies from checking records, and how the statute could require rapid returns without violating federal transfer law. Captain Muzzy suggested drafting the bill to require initiation of the background check within a set time (for example, 24 hours) and to return firearms within 24 hours after completion of that check. Members also proposed that any bill include a requirement that the owner be notified of delay and the court and the defendant be told why.
The hearing closed with committee members asking staff and sponsors to collaborate on clearer timeline language and on preserving compliance with federal law. The chair said the committee would discuss possible amendments and run proposed language by the State Police before executive session.
What’s next: Committee staff will prepare possible language changes, and the committee indicated they plan further consideration before moving the bill to the floor.
