NH- SB677 and HB1660 Adult Protective Orders (Red Flag Bills)

jpk

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NH- SB677 and HB1660 Adult Protective Orders (Red Flag Bills)

All,

There are two separate "Adult Red Flag" bills in the NH Legislature this year.

SB677
The first is the product of Sen Bradley working with Gov Sununu and while its arguably less damaging than HB1660 it is still a travesty of 4th/5th amendment and due process violations that we need to urge Sen Bradley and Gov Sununu to fix.

SB677 Docket
SB677 Text



The second bill is essentially a re-filing of last years HB696 which is a naked end run at gun confiscation, was passed by house and senate and vetoed by Gov Sununu

HB1660

HB1660 Docket
HB1660 Text

HB1660 has a hearing scheduled for 01/21/2020 at 01:00 PM LOB Room 205

Aside from the naked gun grab/constitutional violations in this bill it shares a serious flaw with the Bradley/Sununu bill and that revolves around acceptance of "Foreign" protective orders from any state, territory etc......with no consideration for due process/etc......

If you cannot attend the hearing then please submit written/email testimony against the bill to HouseHealth, Human Services and Elderly Affairs cmt.

Contact info below:

 

design

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From NHFC email alert

There are a large number of anti-gun bill hearings this week and we need your help to stop these bills! I have highlighted just the most atrocious bills that have hearings this week. There are also bills intended to prohibit groups like ours from alerting you about what is going on. There are bills that will require that we give away our list of members and how much they have paid in memberships.

Bottom line, we have our hands full this week. Below is the list of bills that directly impacts you as a gun owner.



We have already alerted on SB469 "The 2020 Sen. Jeanne Dietsch Range Closure Act." and are working on alerts for the other bills listed below:

This email contains information on HB1660 "Elder Care Gun Confiscation.". I hope to have the alert out for HB1379 "The Gun Registry Creation Act." by tomorrow.

Critical hearings this week:
1/21: HB1660, 1pm, "Elder Care Gun Confiscation."
1/22: SB636,9am, "Prohibit private carry at State Offices"
HB1101, 1pm, "Buy a Gun, Go Home Without it."
HB1379, 2:30pm, "The Gun Registry Creation Act."
1/23: SB469, 10am, "The 2020 Sen. Jeanne Dietsch Range Closure Act."

On January 21 at 1 pm at the New Hampshire State House, there will be a hearing on HB 1660,
Protective Orders for Vulnerable Adults, “Elder Care, Gun Confiscation”. The Bill would establish a mechanism to enable vulnerable adults or others to seek permanent or 'temporary' relief from abuse, exploitation, and neglect by another person.
But there are some serious issues hidden in the bill. The definition of “Neglect” is very broad and could include withholding something as simple as watching TV [“Neglect” means an act or omission which results or could result in the deprivation of essential services or supports necessary to maintain the minimum mental, emotional, or physical health and safety of a vulnerable adult.] This statement could be used by a prosecutor to include almost anything.
The definition of abuse suggested is vague, and includes misuse of power, authority, or both, verbal harassment, or unreasonable confinement which results or could result in the mental anguish or emotional distress of a vulnerable adult.
On the surface this bill sounds like a good thing, but as is typical these days there is an anti-gun aspect of it buried in the text. At the request of the vulnerable adult or their representative, the court may enter orders to protect the adult with or without actual notice to the other person. This order could be issued ex-parte with no due process or warning. And the court order could be issued for almost any reason, real or fabricated, under the vague definition of abuse. The court could be anywhere in the state, meaning that you could be facing a court hearing in Coos for something that allegedly happened in Salem, NH
Once the court order is issued, a police officer can [will] use all means they deem necessary to prevent further abuse. One of those means which is explicitly called out in the proposed bill is confiscating any deadly weapons involved in the alleged abuse. That means your firearms!

We have been told that the bill is to address financial exploitation, yet again, this bill is going after firearms and not after those who would steal from venerable adults. Even if theft was the issue, current law in RSA 631:9 631:9 Financial Exploitation of an Elderly, Disabled, or Impaired Adult. – already covers this issue.
Next, these orders would be transferred to the NICS system, further preventing you from ever purchasing another firearm.
So buried in this seemingly legitimate and good bill is another RED FLAG GUN CONFISCATION LAW! Ex-parte confiscation of ANY personal property, including firearms, is unconstitutional and a violation of your 2nd, 4th, 5th, and 14th Amendments to the United States constitution, as well as the New Hampshire Constitution.
NOW is the time to act! Show up at the State House and speak at the hearing, e-mail or call your representatives, notify your friends... We must stop these assaults on our rights!
Please take time to write to the committee and let them know how you feel about this bill:
Dear Member of HHS,
The New Hampshire Firearms Coalition has made me aware of a extremely unconstitutional bill that you are hearing this week. While HB1660 might be well intention-ed, the bill as drafted would strip citizens of their natural and Constitution rights. The bill would allow for ex-parte hearings to be used to strip citizens of personal property.
Current law, RSA 631:8,9 already deals with this subject matter: [CHAPTER 631 ASSAULT AND RELATED OFFENSES].

Instead of trying to create new laws, just enforce the laws that are already on the books.

Respectfully,



Please take time to write to the committee and let them know how you feel about this bill. Also there are two other major anti-bills that need to be defeated this week. We are trying to get alerts out on HB1101 and HB1379.

The list above does not yet include a number of other bills that are a real potential threat to our rights:

P.S.: The New Hampshire Firearms Coalition is working tirelessly to keep gun owners like you up-to-date on as many gun issues as possible -- please consider contributing to the effort by chipping in $15 or $20.

Was this email forwarded to you? Click here to go to our home page and sign up for legislative alerts.

If you have not renewed your membership for 2020, please help us save the postage by renewing online here. The website has been undated and is a secure online platform.

Not an NHFC Member? Click here to join.
 

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LOL...
This is step one of the 2 step disarmament bill. Once their is 'security', guns are no longer 'needed'... Or at least that is what they will tell us.
 

jpk

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Hearing for SB677 scheduled for Tues 01/28/2020, Room 100, SH, 10:35

Both of these bills as written are horrible violations of 4th/5th amendments and various correlaries in NH Constitution including right to hear charges/face accusor before.....not after.

Both of these bills have sections that require the state to accept "Foreign" red flag orders from other states and territories without regard for due process protections/lack thereof

HB1660 is a resubmit of last years HB696 and is horrendous

SB677 is the brain child of Sen Bradley and has the endorsement of Gov Sununu.....we need to urge Sen Bradley to FIX the bill or kill it due to failure to completely address laughtenberg issues and the 4th/5th amendment issues.

While the first line of 677 defers to existing domestic statutes for people that fit those conditions.....it leaves non resident family, friends/neighbors, elder care professionals and others at risk of losing their RKBA with a charge that will invoke Laughtenberg amendment and render them a prohibited person.

SB677 docket/link to bill as introduced is here SB677

Please write Sen Bradley and the committee if you cannot show up at the hearing and explain the above and why you are against the bill but may support a bill that ONLY addressed the financial/other exploitation issues that may exist......but that with the potential for abuse of rights as per above the bill is a non starter

email for entire senate judiciary cmte [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]

email for Sen Bradley: [email protected]

email/contact page for Gov Sununu: Contact Governor Sununu | Governor Christopher T. Sununu
 

jpk

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HB1660 got a vote of 12-9 ought to pass in the HHS/Elderly cmt

I expect it will go to CJ where we get another bite at the apple.

Bill has all sorts of due process, 4A, 5A and other problems

Please take the poll below regarding above

 

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Here's link to the amendment to the bill....note its not the full bill.....


The bill is still a train wreck

No due process
No requirement to follow technical rules of evidence
Defendent gets a chance at a later date to try to convince judge to over turn their ruling
Constitutional train wreck

Now the chair of the Criminal Justice Cmte has decided to waive a hearing of this hot mess in his committee so it appears that it will go to the floor for a vote........its basically the same bill that Sununu vetoed last year (HB696)

Expect it to pass the House then go to the senate for a hearing.....
 
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