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View Full Version : New Hampshire stops Police Dept/Court serial number checks on "seized" firearms


Liberty1
10-28-2009, 6:44 PM
http://www.theunionleader.com/article.aspx?headline=No+more+checks+on+seized+fir earms&articleId=e0d5f6f8-a962-4c05-83c2-c768a752928f



No more checks on seized firearms

By BETH LAMONTAGNE HALL

New Hampshire Union Leader
Friday, Oct. 16, 2009

The New Hampshire Department of Safety has ordered law enforcement agencies to end the practice of running background checks before returning confiscated firearms to their owners.

In a memo sent on Sept. 28, New Hampshire Department of Safety Assistant Commissioner Earl Sweeney reminded law enforcement officials throughout the state that the National Instant Criminal Background Check System, known as NICS, can be used only by federally licensed gun manufacturers, importers and dealers. If the NICS is being used by police or court officers to run background checks before returning confiscated guns, Sweeney wrote, they should stop.

"Conducting NICS checks prior to returning confiscated firearms technically constitutes misuse of NICS and exceeds the authority granted to the Department of Safety by the New Hampshire Legislature," he wrote.

The order is in response to a complaint filed with the New Hampshire Department of Safety by Concord attorney Evan F. Nappen.

Nappen, who specializes in New Hampshire weapons law, contacted the state in April after the Manchester Police Department ran an NICS check on one of his clients. Nappen said he discovered soon after that background checks were also being run at some of New Hampshire's superior courts.

►FBI.gov: National Instant Criminal Background Check System (NICS)

He warned the state that under the Code of Federal Rules enforced by the U.S. Justice Department, these actions could result in a $10,000 fine for each violation and the state could potentially lose access to the use NICS system.

Nappen said he was happy with Sweeney's response. Ending these checks means gun owners are no longer subjected to improper checks and, at the same time, eases the case load of the state's NICS system, he said.

"To the credit of Earl Sweeney, he read, responded and took action on what I had to say. I've got to give him a lot of credit," said Nappen.

G17GUY
10-28-2009, 6:46 PM
This is the way it should be.

dfletcher
10-28-2009, 6:57 PM
Well, a shameless plug for my home state:

http://www.youtube.com/watch?v=ITox_01IFkw

dwtt
10-28-2009, 7:09 PM
Well, a shameless plug for my home state:

http://www.youtube.com/watch?v=ITox_01IFkw

Where did those mountains come from? I thought NH was flat like Boston. :D

pullnshoot25
10-28-2009, 8:24 PM
Hot damn!

Ron-Solo
10-29-2009, 12:08 PM
This has nothing to do with running serial numbers, it's about background checks before returning firearms.

California law is different (please note I didn't say better) adn California uses thier own system, not NICS.