62.1-02-01.1. Restoration of right to possess firearm

62.1-02-01.1. Restoration of right to possess firearm

1. An individual prohibited from possessing a firearm due to a conviction of a felony

under subdivision b of subsection 1 of section 62.1-02-01 may petition the district court

for restoration of the individual's firearm rights. If the felony offense was committed in

this state, the petition must be filed with the district court in the county where the

offense occurred. If the offense was a felony of another state or the federal

government, the petition must be filed in the venue where the rights of the individual

were revoked. A copy of the petition must be served on the state's attorney's office in

the county where the petition is filed in accordance with Rule 5 of the North Dakota

Rules of Civil Procedure. The state's attorney's office has twenty days to file a written

response to the petition with the district court.

2. The district court may restore the right of an individual to possess a firearm if the court

determines, by clear and convincing evidence, that all of the following circumstances

exist:

a. The individual has paid all fines imposed for the violation resulting in the

prohibition;

b. The individual has served all terms of imprisonment imposed for the violation

resulting in the prohibition;

c. The individual has successfully completed all conditions of probation or parole

imposed for the violation resulting in the prohibition; and

d. The individual's record and reputation are such that the individual is not likely to

act in a manner dangerous to the safety of others.