“To the subject of this extreme risk protection order:  This order will remain in effect until the date noted above. By GARRY RAYNO, InDepthNH.org. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -. VI. III. New Hampshire House Democrats are attempting to claim a “win” after the House passed a “red flag” bill (House Bill 687). “Extreme risk protection order” means a temporary, ex parte, or final order issued pursuant to this chapter. 159-E:6  Contents of Extreme Risk Protection Orders. On January 9, 2020 in the House: Ought to Pass with Amendment 2019-2790h: MA RC 201-176 01/08/2020 HJ 1 P. 68 Amendment # 2019-2790h: AA RC 213-162 01/08/2020 HJ 1 P. 68 Law enforcement agencies shall establish procedures whereby a law enforcement officer at the scene of an alleged violation of such an order may be informed of the existence and terms of such order. Retrieval of such firearms shall be through the law enforcement agency responsible for their transfer to the storage facility pursuant to a court order as prescribed in this paragraph. I understand that making a false statement on this petition will subject me to criminal penalties.”. The respondent may submit one written request for a hearing to vacate an extreme risk protection order issued under RSA 159-E:5, starting after the date of the issuance of the order, and may request one additional hearing after every extension of the order, if any. The court shall reschedule any hearing under this section in an expeditious manner. IV. The respondent shall be responsible for informing the court of any changes of address. At the time of surrender, a law enforcement officer taking possession of any firearm or ammunition owned by the respondent or in his or her custody, control, or possession, or any license to carry a loaded pistol or revolver issued to respondent under RSA 159:6, shall issue a receipt identifying all firearms and the quantity and type of ammunition that have been surrendered, and any license surrendered and shall provide a copy of the receipt to the respondent. III. (d)  The extreme risk protection order form shall include, in a conspicuous location, notice of criminal penalties resulting from violation of the order, and the following statement:  "You have the sole responsibility to avoid or refrain from violating this order's provisions. IV. VII. 8; Rep. Knirk, Carr. I. No law enforcement agency shall be held liable for alleged damage or deterioration due to storage or transportation to any firearms and ammunition and specified deadly weapons held by a law enforcement agency, so long as due care is used. (b)  In determining whether to extend an extreme risk protection order issued under this section, the court shall consider any relevant evidence, including evidence of the considerations listed in RSA 159-E:5, III. Upon receipt of such a motion, the court shall schedule a hearing no later than 15 days after the expiration of the order. III. In addition, the Judicial Branch indicates the requirement in proposed RSA 173-D:2, VIII that protective orders issued be transmitted to the Administrative Office of the Courts which shall enter the information in a state database that is made available to state, county and local law enforcement departments. Such hearing may constitute the final hearing under RSA 159-E:3, VIII. The order shall remain in the information system as long as the order remains in effect. VII. Upon a showing by the petitioner that there is reasonable cause to believe that the respondent poses an immediate risk of causing bodily injury to himself or herself or others by having a firearm or any ammunition in his or her custody or control or by purchasing, possessing, or receiving a firearm or ammunition, the court shall issue a temporary extreme risk protection order. If the court finds that probable cause exists, the court shall issue a warrant describing the firearms or ammunition owned by the respondent or in his her custody, control or possession and authorizing a search of the locations where any such firearms or ammunition are reasonably believed to be found and the seizure of any such firearms or ammunition discovered pursuant to such search. A temporary extreme risk protection order shall expire upon the hearing on a final extreme risk protection order under RSA 159-E:3, VIII. (e)  The court staff handbook shall allow for the addition of a community resource list by the court clerk. Alternatively, if personal service by a law enforcement officer is not possible or is not required because the respondent was present at the extreme risk protection order hearing, the respondent shall surrender any firearms and ammunition owned by the respondent or in his or her custody, control, or possession and any license to carry a loaded pistol or revolver issued to them under RSA 159:6, held by the respondent, in a safe manner to the control of the local law enforcement agency immediately after being served with the order by service or immediately after the hearing at which the respondent was present. II. V.  The administrative office of the courts shall update the instructions, brochures, standard petition, and extreme risk protection order forms, and court staff handbook as necessary, including when changes in the law make an update necessary. Chris Sununu last week vetoed a bill that would have allowed gun seizures without due process. The Administrative Office of the Courts currently maintains databases of domestic violence orders, stalking orders and criminal bail protective orders. (i)  The recurring use of, or threat to use, physical force by the respondent against another person or the respondent stalking another person. (b)  The instructions and standard petition shall include a means for the petitioner to identify, with only lay knowledge, the firearms the respondent may own, possess, receive, or have in his or her custody or control. CONCORD — Down party lines and after three hours of testimony, the Senate Judiciary Committee approved a bill supporters say will help prevent suicide, but opponents contend tramples fundamental constitutional rights.. House Bill 687, which passed the committee on a 3-2 vote, would establish a civil procedure to deny someone who is at risk of harming … Senate Calendar 24, 6. Be it Enacted by the Senate and House of Representatives in General Court convened: 1  Statement of Purpose. Any answer by the respondent shall be filed with the court and a copy shall be provided to the petitioner by the court. I. 159-E:3  Commencement of Proceedings; Hearing. (a)  A spouse, ex-spouse, person cohabiting with another person, and a person who cohabited with another person but who no longer shares the same residence. VII. 04/05 . The petitioner may make alternative arrangements with a federally licensed firearms dealer for the storage of firearms, at the respondent’s own expense, upon approval of the court. (b)  The time frame established in this paragraph may be extended for an additional 7 days upon motion by either party for good cause shown. (d) Whether a mental health evaluation or chemical dependency evaluation of the respondent is required and, if so, when the results of said evaluation must be provided to the court. The court shall provide the respondent with a form to request a hearing to vacate. The clerk of the circuit court may create a community resource list of crisis intervention, mental health, substance abuse, interpreter, counseling, and other relevant resources serving the county in which the court is located. To expire the presumption being a class b, with the presumption being a class b, with the order... 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