The bill modifies the existing laws governing the expungement of mental health records for individuals seeking to purchase firearms. It mandates that local law enforcement must be notified prior to the expungement process, requiring petitioners to serve copies of the court order to relevant law enforcement officials, including the Attorney General and local police chiefs, based on the petitioner's residency. This change aims to allow law enforcement to provide pertinent information regarding the applicant's criminal history or behavior, which may not be readily available to the court. Furthermore, the bill stipulates that the expungement of a mental health record cannot be the sole basis for denying a firearms purchaser identification card or permit.
In addition to these changes, the bill introduces provisions to ensure the confidentiality of mental health records while permitting necessary disclosures related to the National Instant Criminal Background Check System (NICS) and the Brady Handgun Violence Prevention Act. It maintains existing regulations regarding the application process for permits and identification cards, including fees and validity periods, while emphasizing that law enforcement agencies will now play a role in the expungement process. The overall objective of the bill is to enhance public safety by ensuring a comprehensive review of all relevant information during the expungement process, while also allowing individuals who have recovered from mental health issues to regain their rights to purchase firearms.
Statutes affected: Introduced: 30:4-80.9, 30:4-24.3