FINAL BILL REPORT

HB 1455

C 193 L 11

Synopsis as Enacted

Brief Description: Concerning where an individual may petition to restore firearm possession rights.

Sponsors: Representative McCune.

House Committee on Judiciary

Senate Committee on Judiciary

Background:

A person loses the right to possess a firearm if the person is convicted of any felony offense and certain non-felony crimes committed against a family or household member. Involuntary commitment for mental health treatment also results in the loss of the right to possess a firearm. The right to possess may be restored only by a court order after the person has met certain eligibility requirements.Restoration Following an Involuntary Commitment.

A person who has been involuntarily committed for mental health treatment may apply for restoration of the right to possess a firearm upon discharge from the commitment. The petitioner must show by a preponderance of the evidence that he or she is no longer required to participate in court-ordered treatment, is successfully managing the condition related to the commitment, does not present a danger to self or the public, and is not reasonably likely to suffer a recurrence of the symptoms related to the commitment.

A petition for restoration of firearm rights lost because of an involuntary commitment may be filed in the superior court that ordered the commitment or where the petitioner resides.

Restoration Following a Criminal Conviction.

Generally, firearm possession rights lost because of a criminal conviction may be restored if certain conditions are met by the offender and certain time periods have passed. In the case of a conviction for a class A felony or for any sex offense, however, the right to possess can never be regained. For other offenses, a person may petition a court for restoration if the person is not currently charged with any crime, has no convictions that continue to count as criminal history under the Sentencing Reform Act, and has spent a specified amount of time in the community without a new conviction, depending on the class of offense.

There is no requirement as to where the petition for restoration of firearm rights under this provision must be brought.

Summary:

A petition for restoration of the right to possess a firearm where the loss of rights was based on a criminal conviction must be brought in the court of record that ordered the petitioner's prohibition on possession or the superior court in the county in which the petitioner resides.

The petition process applicable to restoration of firearms following a loss of the right based on an involuntary mental health commitment is amended to provide that the petition must, rather than may, be filed in the superior court that ordered the commitment or the superior court where the petitioner resides.

The clerk of the superior court must keep a record of the number of petitions for restoration of the right to possess a firearm and the outcome of the petitions.

Votes on Final Passage: