This bill amends the Revised Judicature Act of 1961 by adding a new section, 2908, which outlines the process for individuals who have been adjudicated or committed under certain laws to petition for the removal of firearm disabilities. When a court orders a commitment that subjects an individual to the provisions of 18 USC 922(d)(4) or (g)(4), the court clerk is required to forward necessary identifying information to the Department of State Police, which will then relay this information to the Federal Bureau of Investigation for inclusion in the national instant criminal background check system. The individual must also be notified of the prohibitions they face under federal law.
The bill establishes a framework for individuals to petition the court for relief from these disabilities, requiring the court to consider various factors, including the petitioner's mental health and criminal history, as well as any changes in their circumstances since the original adjudication. The court must grant relief if it finds that the petitioner is unlikely to pose a danger to public safety and that granting relief is not contrary to the public interest. Additionally, the bill stipulates that individuals can only petition for relief once every two years and outlines the responsibilities of the court and the Department of State Police in notifying relevant parties and updating records following a granted petition.
Statutes affected: House Introduced Bill: 600.101, 600.9947