New Hampshire HB 1642: relative to extreme risk protection orders.

Bill Text

HB 1642-FN - AS INTRODUCED

2026 SESSION

 26-3048

 05/09

HOUSE BILL 1642-FN

AN ACT relative to extreme risk protection orders.

SPONSORS: Rep. Selig, Straf. 10; Rep. Horrigan, Straf. 10; Rep. Meuse, Rock. 37; Rep. Muns, Rock. 29; Rep. Bay, Straf. 21; Rep. Seibert, Hills. 21; Rep. Beauchemin, Hills. 3; Sen. Altschiller, Dist 24; Sen. Perkins Kwoka, Dist 21

COMMITTEE: Criminal Justice and Public Safety

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ANALYSIS

 This bill establishes a procedure for issuing extreme risk protection orders to protect against persons who pose an immediate risk of harm to themselves or others.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-3048

 05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to extreme risk protection orders.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Statement of Purpose. The general court finds that allowing family or household members or law enforcement officers 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 would advance public safety. This act shall not apply in cases of domestic abuse or stalking where the petitioner is eligible to petition for relief under RSA 173-B or RSA 633:3-a. 

 2 New Chapter; Extreme Risk Protection Orders. Amend RSA by inserting after chapter 159-F the following new chapter: 

CHAPTER 159-G

EXTREME RISK PROTECTION ORDERS

 159-G:1 Definitions. In this chapter: 

 I. “Extreme risk protection order” means a temporary, ex parte, or final order issued pursuant to this chapter to temporarily restrict access to firearms by individuals who are found to pose an immediate or significant risk to themselves or others.

 II. “Family or household member” means: 

 (a) A spouse, ex-spouse, person cohabiting with another person, and a person who cohabited with another person in the preceding 24 months but who no longer shares the same residence.

 (b) A parent or other person related by consanguinity or affinity, other than a minor child who resides with the respondent.

 III. “Firearm” means any weapon, including a starter gun, which will, is designed to, or may be readily converted to expel a projectile by the action of an explosive.

 IV. “Intimate partner” means a person who is currently or who, in the preceding 24 months, has been involved in a romantic relationship with another, whether or not such relationship was ever sexually consummated.

 V. “Law enforcement officer” means a sheriff or deputy sheriff of any county, a state police officer, a constable or police officer of any city or town, or a conservation officer.

 VI. “Petitioner” means a law enforcement officer, family or household member, or intimate partner of the respondent who files a petition for an extreme risk protection order under this chapter.

 VII. “Respondent” means an individual who is identified as the respondent in a petition filed under this chapter.

 159-G:2 Jurisdiction and Venue.

 I. The district division of the circuit court shall have jurisdiction over all proceedings under this chapter.

 II. The petitioner may commence proceedings pursuant to RSA 159-G:3 in the county or district where either the petitioner or the respondent resides.

 III. Proceedings under this chapter may be transferred to another court upon the motion of any party or of the court as the interests of justice or the convenience of the parties may require.

 159-G:3 Commencement of Proceedings; Petition; Hearing.

 I. A petitioner may seek relief under this chapter by filing a petition, in the county or district where the petitioner or respondent resides, alleging that the respondent poses a significant 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 any ammunition.

 II. A petition for an extreme risk protection order shall: 

 (a) Be accompanied by a written affidavit, signed by the petitioner under oath. The affidavit shall contain specific factual allegations regarding the factors that give rise to petitioner’s belief that respondent poses a significant 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 any ammunition.

 (b) Identify the quantities, types, and loca