Vetoed by Governor Chris Sununu

Vote Smart's Synopsis:

Vote to amend and pass a bill that rescinds the state police "gun line," and instead put the FBI solely in charge of performing background checks using the National Information Criminal Background System.

Highlights:

• Alleges the gun line’s inefficiencies have created significant delays in the orderly processing of firearm-related background checks. Courts and Federal Firearm Licensed Dealers have faced incredible backlogs of pending background checks that are intended to be “Instant” but many background checks have remained pending for several months (Sec. 1.II).

• Authorizes the FBI to conduct all National Instant Criminal Background Check System (“NICS”) searches concerning the purchase, sale, and transfer of firearms through Federal Firearm Licensed Dealers operating in the state of New Hampshire. This bill effectively repeals the state’s partial Point of Contact system for handguns, allowing the authority to remain exclusively with the FBI (Sec. 1.III).

• Prohibits a state agency or political subdivision from accessing the National Instant Criminal Background Check System (“NICS”) unless specifically authorized by this law (Sec. 2.b).

• Establishes the FBI has the exclusive authority and jurisdiction to conduct background checks concerning the sale or transfer of firearms involving Federal Firearms Licensed Dealers (“FFL”) in New Hampshire. This provision and the FBI’s exclusive jurisdiction pertain to all firearms, as defined by federal law, regardless of caliber, barrel length, or firearm type (Sec. 2.I.a).

• Specifies the following conditions, process and time constraints shall apply to all such background checks (Sec. 2.II):

• The county sheriff’s office shall initiate the NICS background check within 10 business days of the date of filing of the motion or other pleading requesting the return of firearms;

• Within 15 business days of the date of filing of the motion or other pleading requesting the return of firearms, the county sheriff’s office shall provide a conclusive decision to the court stating either “proceed” or “deny”; 

• If the county sheriff’s office determines that an individual is prohibited from owning or possessing a firearm, a specific citation to statute, such as one of the prohibited categories and the specific facts relied upon for finding that the individual is a prohibited person must be supplied in narration with the “deny” response;

• All records retained by any county sheriff’s office or court concerning a background check conducted according to this chapter will be destroyed within one business day of transmitting a “proceed” determination to the court. Should a “deny” determination be made, all records shall be destroyed by the county sheriff’s office within 30 days of the later of the following:

• The expiration of the deadline for filing a petition or notice of appeal in the trial court; or

• The exhaustion or expiration of all appeal rights; and

• To carry out the requirements of this chapter, each county sheriff’s office shall register with NICS and obtain sufficient training so that each office is situated to begin fully fulfilling its limited background check functions required by this chapter by January 1, 2022.

• Establishes when any of the following events occur, the court will update the NICS system directly or transmit the updated information to the New Hampshire department of safety to be updated in NICS within 24 hours of receipt (Sec. 3.IV):

• Any modification or dismissal of a firearm relinquishment;

• Any modification or dismissal of an order prohibiting firearm possession;

• The dismissal of any temporary restraining order; and

• The dismissal of any final restraining order.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that rescinds the state police "gun line," and instead put the FBI solely in charge of performing background checks using the National Information Criminal Background System.

Highlights:

• Alleges the gun line’s inefficiencies have created significant delays in the orderly processing of firearm-related background checks. Courts and Federal Firearm Licensed Dealers have faced incredible backlogs of pending background checks that are intended to be “Instant” but many background checks have remained pending for several months (Sec. 1.II).

• Authorizes the FBI to conduct all National Instant Criminal Background Check System (“NICS”) searches concerning the purchase, sale, and transfer of firearms through Federal Firearm Licensed Dealers operating in the state of New Hampshire. This bill effectively repeals the state’s partial Point of Contact system for handguns, allowing the authority to remain exclusively with the FBI (Sec. 1.III).

• Prohibits a state agency or political subdivision from accessing the National Instant Criminal Background Check System (“NICS”) unless specifically authorized by this law (Sec. 2.b).

• Establishes the FBI has the exclusive authority and jurisdiction to conduct background checks concerning the sale or transfer of firearms involving Federal Firearms Licensed Dealers (“FFL”) in New Hampshire. This provision and the FBI’s exclusive jurisdiction pertain to all firearms, as defined by federal law, regardless of caliber, barrel length, or firearm type (Sec. 2.I.a).

• Specifies the following conditions, process and time constraints shall apply to all such background checks (Sec. 2.II):

• The county sheriff’s office shall initiate the NICS background check within 10 business days of the date of filing of the motion or other pleading requesting the return of firearms;

• Within 15 business days of the date of filing of the motion or other pleading requesting the return of firearms, the county sheriff’s office shall provide a conclusive decision to the court stating either “proceed” or “deny”; 

• If the county sheriff’s office determines that an individual is prohibited from owning or possessing a firearm, a specific citation to statute, such as one of the prohibited categories and the specific facts relied upon for finding that the individual is a prohibited person must be supplied in narration with the “deny” response;

• All records retained by any county sheriff’s office or court concerning a background check conducted according to this chapter will be destroyed within one business day of transmitting a “proceed” determination to the court. Should a “deny” determination be made, all records shall be destroyed by the county sheriff’s office within 30 days of the later of the following:

• The expiration of the deadline for filing a petition or notice of appeal in the trial court; or

• The exhaustion or expiration of all appeal rights; and

• To carry out the requirements of this chapter, each county sheriff’s office shall register with NICS and obtain sufficient training so that each office is situated to begin fully fulfilling its limited background check functions required by this chapter by January 1, 2022.

• Establishes when any of the following events occur, the court will update the NICS system directly or transmit the updated information to the New Hampshire department of safety to be updated in NICS within 24 hours of receipt (Sec. 3.IV):

• Any modification or dismissal of a firearm relinquishment;

• Any modification or dismissal of an order prohibiting firearm possession;

• The dismissal of any temporary restraining order; and

• The dismissal of any final restraining order.

Full Bill Text