Police Officer Gun Stolen by Family Member Nh
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New Hampshire law, different federal law, does not prohibit individuals bedevilled of domestic violence misdemeanors from purchasing or possessing firearms or ammunition.
New Hampshire prohibits a defendant subject to a domestic violence protective order from purchasing, receiving, or possessing whatever and all firearms and ammunition for the duration of the order.1 If at that place is probable cause to believe that firearms and ammunition are kept on the accused'southward premises, the court may issue a search warrant authorizing a peace officer to seize any and all firearms and ammunition.2 New Hampshire law also includes a specific provision penalizing a person who completes and signs an application for purchase of a firearm and who knows that such purchase is illegal because he or she is field of study to a protective order.3
In issuing a domestic violence protective order, a New Hampshire court must direct the defendant to relinquish to a peace officer whatever and all firearms and armament in the control, ownership or possession of the defendant or whatsoever other person on behalf of the defendant. The firearms and ammunition must remain relinquished for the duration of the protective order.4 In issuing a temporary domestic violence protective order, a court may (but need not) include a similar command.v Under a law enacted in 2014, a person who knowingly violates whatsoever term of a temporary domestic violence restraining order by ways of the employ or attempted utilize of physical forcefulness or the threatened use of a deadly weapon, is guilty of the criminal offence of domestic violence.half-dozen
A person who does any of the following against a family or household memberseven or intimate partner8 is also guilty of domestic violence nether New Hampshire law:
- Uses or attempts to employ physical forcefulness, or past physical comport threatens to utilise a deadly weapon for the purpose of placing some other in fear of imminent bodily injury;
- Threatens to utilize a deadly weapon against another person for the purpose to terrorize that person;
- Threatens to use a deadly weapon to cause some other to submit to sexual contact and the victim believes the actor has the present ability to carry out the threat;
- Confines another unlawfully, by means of physical strength or the threatened employ of a deadly weapon, so as to interfere substantially with his or her physical motion;
- Uses physical force or the threatened use of a deadly weapon against another to block that person'due south admission to any prison cell telephone, telephone, or electronic communication device with the purpose of preventing, obstructing, or interfering with: (1) The study of any criminal criminal offence, bodily injury, or property damage to a police force enforcement bureau; or (ii) A request for an ambulance or emergency medical assistance to any law enforcement bureau or emergency medical provider.nine
If a person uses or threatens to apply a deadly weapon in the commission of a crime of domestic violence, they are guilty of a felony. Otherwise a law-breaking of domestic violence is generally punishable as a misdemeanor.ten
Whenever any peace officer has probable cause to believe that a person has been abused, New Hampshire law requires the officer to use all means within reason to preclude further corruption, including confiscating whatsoever firearms and ammunition in the defendant's control, ownership or possession.xi
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Contact- N.H. Rev. Stat. Ann. § 173-B:5(II).[↩]
- Id. In add-on, following a defendant's arrest for violating a temporary or permanent protective society, the arresting officeholder must seize any firearms or ammunition in the control, ownership or possession of the accused. North.H. Rev. Stat. Ann. § 173-B:nine(I)(b).[↩]
- N.H. Rev. Stat. Ann. § 159-D:iii.[↩]
- N.H. Rev. Stat. Ann. § 173-B:v(I).[↩]
- Northward.H. Rev. Stat. Ann. § 173-B:four(I).[↩]
- N.H. Rev. Stat. Ann. § 631:2-b(I)(j).[↩]
- "Family unit or household fellow member" ways 1) the actor'southward spouse or former spouse; 2) a person with whom the actor is cohabiting every bit a spouse, parent, or guardian; iii) a person with whom the actor cohabited as a spouse, parent, or guardian but no longer shares the aforementioned residence; 4) an adult with whom the histrion is related past blood or union; or 5) a person with whom the role player shares a kid in common. N.H. Rev. Stat. Ann. § 631:2-b(III)(a).[↩]
- "Intimate partner" means a person with whom the thespian is currently or was formerly involved in a romantic relationship, regardless of whether or not the relationship was sexually consummated. North.H. Rev. Stat. Ann. § 631:2-b(Iii)(b).[↩]
- Due north.H. Rev. Stat. Ann. § 631:2-b(I). [↩]
- N.H. Rev. Stat. Ann. § 631:two-b(Ii).[↩]
- Due north.H. Rev. Stat. Ann. § 173-B:10(I)(a).[↩]
Source: https://giffords.org/lawcenter/state-laws/domestic-violence-and-firearms-in-new-hampshire/
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