'Red Flag' Gun Bill Shelved Until Next Year in NH House Committee

CONCORD -- Proponents of the “Red Flag” bill allowing the removal of firearms from someone deemed a significant risk of harming themselves or others will look toward next year’s legislative session for passage after a House committee voted unanimously to retain the bill for further study.

House Bill 687 would allow law enforcement or family members to petition a judge for a hearing to determine if there is cause to remove the firearms. The judge could then order those firearms to be withheld up to 12 months, pending appeal.

The Manchester Union-Leader reported that a majority of members on the House Criminal Justice and Public Safety Committee felt there were too many questions about the Extreme Risk Protection Order bill to pass it without further review.

Rep. Debra Altschiller, a primary sponsor of the bill, responded to its delay on Twitter: “Every single Republican voted to continue working on this bill. We will be back next year to bring #ERPO to #NH to save lives. Sadly, there will be families who need this NOW who will be left twisting in the wind in the meantime.”

The vote to retain the bill was unanimous after an amendment proposed to help it pass out of committee this legislative session failed. Responding to concerns voiced by the ACLU-NH over due process, the amendment would have raised the standard of firearm removal determination from “probable cause” to “clean and convincing evidence.” That amendment failed by a 10-10 tie vote.

HB 687 then failed to make it out of committee by a 14-6 vote.

The vote to further study means it can be brought up again at next year’s session. If it is not, it will die in committee.

Emotions ran high on both sides of the debate of the bill with proponents from Moms Demand Action wearing red shirts to support its passage at a hearing two weeks ago, while some of those opposed – including legislators – wore white pearls as a sign of solidarity with the NH Women’s Defense League against the bill.