New Hampshire has been ranked the most “gun-owner friendly” state in the union and has even recently taken on a neighboring state over their restrictive gun laws. So, in a state whose motto is “Live Free or Die,” and as the candidate for governor from the Republican Party—the party that runs on a platform of freedom and is generally the most supportive of the Second Amendment—Kelly Ayotte may have surprised some when she said there is one area of gun law she would consider changing. During a Conversation with the Candidate event hosted by news channel WMUR 9, Ayotte said, “while she remains a firm supporter of the Second Amendment in New Hampshire… there is an area she is ‘concerned about’ regarding gun laws in the state,” the news channel reported in follow-up to the event.

Ayotte, a former U.S. senator, pointed specifically to mental health records and their lack of inclusion in the state’s firearm background check system. She noted that in some cases, individuals who have been deemed by a court as a danger to themselves or others are still able to legally purchase firearms because their mental health records are not part of the database used during background checks.

“I think we should fix that,” Ayotte said, signaling her willingness to address what she sees as a legislative loophole. She emphasized, however, that any changes must respect individual rights and not create disincentives for people seeking mental health treatment. Ayotte stressed that due-process protections would need to be a key part of any reform to ensure that individuals who are prohibited from owning a firearm could have the opportunity to regain that right through a legal process.

Ayotte’s comments come in the wake of the November 2023 shooting of former police chief Bradley Haas. Haas, who was working as a security guard at New Hampshire Hospital, was killed in an incident that raised concerns about gaps in the state’s gun laws. After the shooting, a News 9 investigation revealed that in many cases, critical information about individuals with severe mental health conditions is not being entered into the state’s background check system. The lack of a clear policy on what mental health records should be reported has led to significant oversights.

A bill aimed at closing this gap passed the state House of Representatives in March 2024. However, in May, the legislation stalled when the Republican-controlled state Senate voted to table the bill along party lines, delaying any immediate action on the issue. 

Ayotte acknowledged the political complexities of the situation but expressed hope that the Legislature could come together to address the problem in a way that balances public safety with constitutional rights. “We need to protect our communities, but we also need to protect people’s freedoms,” she said.

As the 2024 gubernatorial race heats up, Ayotte’s stance on this issue could become a focal point, particularly in a state known for its strong gun rights culture. Though she has made it clear that she remains a staunch defender of the Second Amendment, her willingness to consider adjustments to mental health reporting could signal a more nuanced approach to gun policy under her potential governorship.