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NH lawmakers consider red-flag gun legislation

mikeyp

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NH lawmakers consider red-flag gun legislation

CONCORD, N.H. —

Lawmakers in New Hampshire are considering a red-flag gun law that could allow officials to take weapons from someone considered to be dangerous or undergoing a mental health crisis.

In the wake of recent mass shootings, 17 states and the District of Columbia have implemented such laws, while five are considering them.

New Hampshire House Bill 687 focuses on extreme risk protection orders, which would allow a household member or law enforcement officer to petition for a court order to temporarily restrict access to firearms by individuals who are found to pose an immediate risk to themselves or others.

"So they still have to go before a judge and say, 'This is what I'm seeing, and this makes me concerned because, and these are the reasons why,' and the judge will have parameters in which to consider that," said Rep. Debra Altschiller, D-Stratham.

Atlschiller said several agencies have provided input on the bill.

"Which includes (the National Alliance on Mental Illness of New Hampshire), law enforcement, the Chiefs of Police Association," she said. "We've consulted with state police."

But not everyone is on board.

"When you look at the way it's drafted, that's where it gets really complicated," said Rep. Daryl Abbas, R-Salem.

Abbas said the bill poses a series of issues, including problems with due process and evidence, and the possible infringement of constitutional rights.

"The way the bill is written, law enforcement can get a search warrant to come to your house and take your property, that property being your firearms, even though there's not necessarily an allegation that a crime has occurred," he said.

Abbas said the bill is not enough to protect gun owners or others.

"It just takes their firearms away," he said. "It doesn't take their knives away. It doesn't take their prescription medications away. It doesn't even explore into the issue as to why this person is going from not being a threat to themselves or someone else to being a threat."

The bill must go through committee before it is taken up on the House floor. If it passes the House and Senate, it wouldn't end up on the governor's desk until next spring.
 
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