The Revised Law

“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 prevent further abuse, including confiscating any firearms and ammunition in the defendant’s control, ownership, or possession.” ( Gifford’s Law Center, 2021).  The verbiage in this statute N.H. RSA 173-B:4 states that if probable cause exists with one involved party, both or all and an arrest is made and/or a permanent order of protection is issued, all firearms shall within reason be seized by officers of the arresting agency.  This is included yet not limited to any and all firearms that are in the defendant’s immediate control whether they have ownership or not.  

In opposition to domestic violence alone, N.H. RSA 631:4 Criminal Threatening is defined as 

(a). By physical conduct, the person purposely places or attempt to place another in fear of imminent bodily injury or physical contact; or

(b). The person places any object or graffiti on the property of another with a purpose to coerce or terrorize any person; or

(c). The person threatens to commit any crime against property of another with a purpose to coerce or terrorize any person; or

(d). The person threatens to commit any crime against the person of another with a purpose to terrorize any person; or

(e) The person threatens to commit any crime of violence, or threatens the delivery or use of a biological or chemical substance, with a purpose to cause evacuation of a building, place of assembly, facility of public transportation or otherwise to cause serious public inconvenience, or in reckless disregard of causing such fear, terror or inconvenience; or

(f). The person delivers, threatens to deliver, or causes the delivery of any substance the actor knows could be perceived as a biological or chemical substance, to another person with the purpose of causing fear or terror, or in reckless disregard of causing such fear or terror. 

II. (a) Criminal threatening is class B felony if the person:

(1) Violates the provisions of subparagraph I (e); or 
(2) Uses a deadly weapon as defined in RSA 625:11, V in the violation of the provisions of subparagraph I (a), I(b), I(c), or I(d).
(b) all other criminal threatening is a misdemeanor. 

Definitions:

(b) As used in this section, “terrorize” means to cause alarm, fright, or dread; the state of mind induced by the apprehension of hurt from some hostile or threatening event or manifestation. 

IV. A person who responds to a threat which would be considered by a reasonable person as likely to cause serious bodily injury or death to the person or to another by displaying a firearm or other means of self-defense with the intent to warn away the person making the threat shall not have committed a criminal act under this section. 

Please take special note to the highlighted and bold areas of NH RSA 631:4 section (e) and section (f). The added section of (g) is what is proposed to be an additional element to the statute and reads as follows;

Section (g). If the person(s), delivers a message via a hand-written note or sign or typed note or sign left in the nearest or known proximity to a public institution or that is directed to an individual or group that delivers a threatening message that instills fear or to terrorize or threaten the prosperity of life.  

If the person(s), delivers a typed or spoken message via any social media platform and/or internet website of any kind to be viewed by the public or towards an individual or group or public institution that instills fear, or to terrorize or threaten prosperity of life. 

If the person(s) displays images and or videos via any social media platform and/or internet website of any kind to be viewed by the public or towards an individual or group or public institution that portray personal possession of a firearm(s), or the use of a firearm that are threatening in nature and/or that deliver a threatening message that instills fear or to terrorize and threaten the prosperity of life.  

II. (g) Criminal threatening is a class B felony if the person violates provisions of subparagraph I(g). Based on probable cause, peace officers shall arrest the person(s) responsible of such delivery and seize all firearms that are within the suspects immediate control regardless of ownership or licensure.  Subsequently suspect(s) shall also be subject to a mental health evaluation under N.H. Chapter 135-C. 

This proposal is not with intent to infringe on citizens’ rights of the Second Amendment.  It is written to acknowledge the criminal threatening that proceeds national tragedies.  The purpose is to diminish or significantly decrease likelihood and probability that such a terrorizing event may occur.  The provision of this statute should be an exception to the law of search and seizure without a warrant as it is with domestic violence and violation of protection orders.  The mental health of the individual is also paramount and should accompany the consequence of such a crime.  I am a proud resident of the State of N.H.  I proactively ask this additional element to be strongly considered on behalf of the other proud residents that have signed this petition.