HB506

OTP WITH AMENDMENTS ONLY and more than listed needed OTP Unless (the state website DOES NOT seem to provide a version of the bill with line items) so I cannot provide the line item for this. UNLESS this word is changed as a practicing attorney I can tell you guns will not be returned and this bill will likely not work as intended. “(b) The department of safety shall initiate a NICS check and shall provide a conclusive response to the court within 10 business days of receiving the court’s request stating either “proceed” or “deny.” A “deny” response shall only be provided if the NICS check depicts that the individual is clearly prohibited from possessing a firearm pursuant to state or federal law. If the NICS check is inconclusive and the department of safety cannot explicitly demonstrate that the individual is prohibited from possessing a firearm within 10 business days of the court’s request, the department of safety may [THIS MUST BE “SHALL” or I will bet the necessary response WILL NEVER HAPPEN] provide a “proceed” response to the requesting court.” (c) The below IS WORTHLESS!!! The answer MUST provide the court, state, and specific state law that the accused is supposed to have violated. How is one to GUESS which of the fifty states, and which court the prohibiting allegation is found in? “(c) If the department of safety issues a “deny” response, it must provide a specific citation to statute, such as one of the prohibited categories included in 18 U.S.C. section 922(g), and a narration of the specific facts relied upon for finding that the individual is prohibited from possessing a firearm. The narration supporting a "deny" response shall be held in a confidential record with the court and only accessible to court staff, the individual seeking the return of firearms, and his or her designated legal counsel.” Asking a court to hold a hearing within ten days is not reasonable if one must gather records there SHOULD be a provision for the appealing party to waive timelines. You might want to consider asking those who actually do this job how this will really play out. There are numerous other procedural defects, but these are the most glaring.

This bill makes whole those who have had property taken by removing an unfair barrier to that restoration. If the police take a firearm, and are now retiring it, that person already had a background check, or owned it lawfully in the first place. Please pass this bill.

Live Free or Die, once again, our State motto. Taking the tools of self-defense that have been unjustly taken from citizens of this State should be returned as soon as possible. Period. No quibbling.