New Hampshire Motion and Affidavit for Return of Firearms

State:
New Hampshire
Control #:
NH-SKU-0359
Format:
PDF
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Description

Motion and Affidavit for Return of Firearms

The New Hampshire Motion and Affidavit for Return of Firearms is a legal document used to request a return of firearms that have been seized or surrendered in conjunction with a criminal proceeding in the state. This document is typically filed by an individual who has been charged with a crime, and their firearms have been taken as evidence. There are two types of New Hampshire Motion and Affidavit for Return of Firearms: Unconditional Motion and Affidavit for Return of Firearms, and Conditional Motion and Affidavit for Return of Firearms. The Unconditional Motion and Affidavit for Return of Firearms requests the return of the individual’s firearms without any conditions. This document must be filed in the Circuit Court of the county where the criminal proceeding is taking place. The individual must provide a sworn statement that the firearms are to be used only for legal purposes, and the Statement of Facts must be provided to the court. The Conditional Motion and Affidavit for Return of Firearms requests the return of the firearms under certain conditions. This document must also be filed in the Circuit Court of the county where the criminal proceeding is taking place. The individual must provide a sworn statement that the firearms are to be used only for legal purposes, and the Statement of Facts must be provided to the court. The individual must also provide an affidavit stating the conditions under which they want the firearms returned, such as if the firearms will be stored in a safe or other secure location and not used in the commission of a crime. Both types of New Hampshire Motion and Affidavit for Return of Firearms require a signature by the individual filing the motion and by the attorney representing the individual. The motion must be served upon the prosecuting attorney, and a hearing date is then set by the court.

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FAQ

It is federal law that a person buying any type of firearm must be 21 years old. However, in New Hampshire, there are no age restrictions for owning a gun. That means a 21-year-old man can legally buy a firearm and give it to his younger sibling as a gift.

New Hampshire prohibits any person from transferring a handgun to a person under the age of 18,1 and transferring ammunition of any kind to a person under the age of 16, other than to his or her own child, grandchild, or ward.

New Hampshire still prohibits, however, the carrying of loaded rifles or shotguns in a moving motor vehicle unless the individual is in the act of protecting his or her livestock or crops. must be unloaded.

There are no state licensing requirements for the possession of rifles, shotguns, or handguns. It is unlawful for any person who has been convicted of a felony to own to be in possession of firearms in New Hampshire.

New Hampshire has not passed any meaningful gun safety laws in years, and recently enacted a law that allows people to carry loaded, hidden handguns in public without a background check or permit. In 2021, New Hampshire had the 7th lowest gun death rate among the states.

Part 1, Article 2-a of the New Hampshire Constitution, adopted in 1982, provides that ?all persons have the right to keep and bear arms in defense of themselves, their families, their property, and the state.?

It is federal law that a person buying any type of firearm must be 21 years old. However, in New Hampshire, there are no age restrictions for owning a gun. That means a 21-year-old man can legally buy a firearm and give it to his younger sibling as a gift.

New Hampshire is a "shall issue" state for residents and non-residents who are 18 years or older and is one of the few states that will issue to non-citizens living outside of the United States.

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New Hampshire Motion and Affidavit for Return of Firearms