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.
HB506
House · 2025 sessionRepublicanSigned into lawFirearm returns, immigrant licenses, school managers
AIEstablishes a procedure for discretionary background checks before firearms or ammunition are returned in court proceedings, invalidates out-of-state driver's licenses issued to undocumented immigrants, and modifies requirements for owners' project managers on school building aid projects.
(New Title) relative to background checks during motions to return firearms and ammunition and relative to invalidating out-of-state driver's licenses issued to undocumented immigrants and relative to requiring schools to engage an owner's project manager for construction of school building aid projects at the time of application.
Status
Signed into law · August 11, 2025- ✓Introduced
- ✓House
- ✓Senate
- ✓Governor
- ✓Law
Division of testimony
29 submissionsThis 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.
A person's suitability has already been thoroughly reviewed after having been put through the wringer of court proceeding which absconded with his firearm. In this case, NICS is yet another gate, manned by bureaucrats, with a motive to deny to cover-their-ass.
This bill makes no sense. After a court proceeding it is determined that some one can get their property back, but before they do they must jump through an additional, arbitrarily applied hoop to doubly confirm they should get their property back? The court's conclusions in the proceedings should be the only criteria required to get some one's property back, no matter what that property is. I would argue if the court has determine someone should receive their guns and ammo back, they should have never been taken in the first place and adding an additional obstacle to get them back is an egregious infringement against personal property rights and the right to self-defense. At the end of the day, this bill is just a thinly veiled attempt to implement soft revocation of some one's right to bear arms without any clear path of recourse to get them back.
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.
Our gun and weapons laws are fine.
If the firearms and ammo are being returned, they probably never should have been taken in the first place. Having an additional barrier to regaining possession of your own property only makes an infringement against property rights and personal defense even worse. Imagine requiring a background check to receive any other type of your property back, such as a seized vehicle or money. People who are falsely accused wait far too long to get their property back.
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