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Acknowledgment Of Federal Gun Control Act NHJB-2413-D - New Hampshire
| Acknowledgment Of Federal Gun Control Act Form. This is a New Hampshire form and can be used in Criminal District Division Statewide . |
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THE STATE OF NEW HAMPSHIRE JUDICIAL BRANCH http://www.courts.state.nh.us Court Name: Case Name: Case Number: (if known) ACKNOWLEDGMENT OF FEDERAL GUN CONTROL ACT Under federal law if you are convicted of a misdemeanor crime involving violence where you are or were a spouse, intimate partner, parent, or guardian of the victim or are were involved in another, similar relationship with the victim, it may be unlawful for you to possess or purchase a firearm, including a rifle, pistol, or revolver, or ammunition, pursuant to 18 U.S.C. 922 (g)(9). 1. I, defined by 18 U.S.C. 921(a)(33). 2. I have in my possession or control the following firearms, which I shall immediately surrender to the Department/Law Enforcement Agency. 3. I understand that the Police Department/Law Enforcement Agency has the right to confiscate all firearms/ammunition in my possession immediately. 4. I understand that the Police Department/Law Enforcement Agency may search my home or vehicle for all firearms/ammunition in my possession with probable cause and verbal consent or a warrant. 5. I understand that I can appeal this conviction; however, all firearms/ammunition will remain in the possession of the Police Department/Law Enforcement Agency pending outcome. Police , have been found guilty, or pled guilty to , a qualifying domestic violence misdemeanor as , Date Defendant's Signature Presiding Justice NHJB-2413-D (10/16/2007) Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com Case Name: Case Number: ACKNOWLEDGEMENT OF FEDERAL GUN CONTROL ACT CHECKLIST FOR DISQUALIFICATION FROM POSSESSION OF FIREARMS BASED ON CONVICTION OF QUALIFYING DOMESTIC VIOLENCE MISDEMEANOR UNDER 18 U.S.C. 922 (g) (9). Class A or B Misdemeanor Charge includes as an element: the use or attempted use of physical force, or the threatened use of a deadly weapon (18 U.S.C. 921 (a) (33) (A) (i)); and Case involves parties in an intimate relationship described as current or former spouse, a person with whom the victim shares a child in common, a person who is cohabitating or has cohabitated with the victim as a spouse, parent or guardian, or a person similarly situated to a spouse, parent or guardian of the victim. (18 U.S.C. 921 (a) (33) (A) (ii)) INSTRUCTIONS TO JUDGES If all of the above boxes are checked, then the charge is a qualifying misdemeanor under federal law and you must: 1. 2. Advise the defendant at arraignment that, in addition to the state penalties imposed upon conviction, the defendant may be prohibited by federal law from EVER possessing a firearm. If the defendant is convicted, make a written finding on the complaint that this is a qualifying misdemeanor and have the defendant execute the attached Acknowledgement of Federal Gun Control Act; Prior to sentencing, have the clerk search the system for closed or open cases involving this defendant; and Prior to sentencing require the state to present a copy of the defendant's criminal record and make a written note on the complaint of your review (similar to DWI requirement). 3. 4. NOTE WELL 1. Pursuant to RSA 173-B:9 III a person charged with knowingly violating a domestic violence protective order may only be charged with a Class A misdemeanor; and it may NOT be reduced to a Class B misdemeanor or violation. Pursuant to RSA 625:9 you may NOT change an offense which involves an act of violence or threat of violence from a Class A to a Class B misdemeanor. 2. NHJB-2413-D (10/16/2007) Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com
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