CONCORD, N.H.—The New Hampshire Supreme Court says the state has the burden of showing why a seized firearm should not be returned to its owner.

A district court judge refused to return a Glock handgun to Richard Pessetto of Grafton. Pessetto was given a suspended sentence for having a loaded firearm in his vehicle without a license. Raymond police seized the gun during a motor vehicle stop in May 2008.

The judge ordered Pessetto to file a form used when a person tries to get back weapons after a domestic violence or stalking protective order expires. Pessetto said he's never been the subject of such an order.

Prosecutors offered no evidence why he shouldn't get the gun back.

The Supreme Court ordered a new hearing.

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