Tag Archives: Due Process

LSR 24-2043 – Relative to the return of weapons and ammunition upon expiration of protective orders.

Within the legal system of the New Hampshire, there is a presumption of innocence, until otherwise proven in a court a law. New Hampshire also enacted civil asset forfeiture reform, so an innocent person does not have to fight the government out of pocket to get back their property which was seized before any conviction was made.

But, we still have another law on the books within the protective order statute that requires a defendant to petition the court, and then prove their innocence to have any firearms and ammunition return to them upon termination of the order. This is backwards from due process.

I filed a bill to invert the responsibility onto the plaintiff, that they must petition the court and argue their case why the defendant shouldn’t be permitted to have their property returned. I also took umbrage with two other sections of the law that allowed police to charge for a “storage fee” and then again be off the hook for damaged property. I was especially surprised hearing one anecdote where the “storage fee” was more than the weapon was worth!

I am looking for co-sponsors.

2024 Bills to be Filed

Bill filing begins on September 11, and here is a list of bills I will be submitting this year.

Transparency in Military Recruiting

I will require schools and the DMV to provide casualty and suicide rate statistics of servicemembers, veterans, and civilians caused by US conflicts of the 21st century whenever military recruiters are hosted, anytime the ASVAB is administered, or when driver’s license applications include the Selective Service registration checkbox.

It’s important that young people are given all the information before making life-changing decisions, and military recruiters are not very forthcoming with information that will hurt their quotas. With escalating global tensions, I believe transparency is critically important.

Repeal Select Service Registration Awareness and Compliance Act (RSA 187-A:38-41)

The act prohibits students from enrolling in public colleges if they have not registered for Selective Service (the draft). This is not the responsibility of the state to enforce and I believe it should be repealed.

Selective Service Sanctuary State

I will combine language from Defend the Guard and sanctuary state laws from other states to read that New Hampshire will not provide resources to aid the Federal government in apprehension of draft dodgers, unless Congress formally declares war.

As part of this, I’ll add an option to the Selective Service registration checkbox on license applications to denote conscientious objector status out of the gate.

Campus Due Process

I will submit the FIRE Campus Due Process bill. It provides an accused student with due process (presumption of innocence, access to evidence, right to acquire counsel) in any suspension/expulsion hearing.

Due Process in Temporary Relief Protective Order

It came as a surprise to me to learn that NH has a de facto Red Flag Law within the protective order RSA (173-B:4). There’s pieces of this that require more due process that I am looking to improve.

In addition, the method of returning property to its rightful owner upon expiration of the order involves the accused getting a court order. Instead, the police should have to return the items upon expiration, unless a court order exists to the contrary.

Right to Die

This one is a bit rough, but a pure libertarian stance. You have the right to do with your body and life as you choose, to include ending it. Many folks are suffering with terminal illness with no hope for cures, often in extreme pain, putting their family in emotional and financial strain. I’ll ensure the legislation has enough safeguards in place to prevent abuse, to avoid any situations similar to the anecdotal instances of bad MAID prescriptions occurring by state-run medicine in Canada.

Co-sponsorships and the Future

There are other bills being conceived that I’ve offered to co-sponsor, that I won’t spoil too much on until I’m sure they are being filed. They include topics like augmenting sheriffs to a more constitutional role, transparency from the college system, loosening up car inspections, suppressor legalization, police vehicle visibility, and others.

It’s important to remember the House is basically 50/50 split, so anything too partisan is unlikely to pass. That being said, Overton window shifting is important, and bringing issues to light via legislative testimony can get a foot in the door to expanding liberty in future sessions.