62.1-02-01.2. Mental disability and the possession of firearms

62.1-02-01.2. Mental disability and the possession of firearms

1. A court shall make a finding as to whether the provisions of 18 U.S.C. 922(d)(4) and

(g)(4) apply to the subject of a following proceeding in which the court:

a. Finds that a person, as a result of mental disease or defect, may not be held

criminally responsible in any case pursuant to chapter 12.1-04 or 12.1-04.1;

b. Finds that a person is a mentally deficient individual;

c. Orders involuntary hospitalization or commitment to a treatment facility or

involuntary treatment pursuant to chapter 25-03.1;

d. Orders involuntary commitment or involuntary treatment under chapter 25-03.3;

e. Appoints a guardian ad litem under section 28-03-04;

f. Appoints a guardian under chapter 30.1-28; or

g. Appoints a conservator under chapter 30.1-29.

2. If the court finds that the provisions apply, the clerk of the court shall forward the

individual's name and nonclinical identifying information to the bureau of criminal

investigation, which shall forward the information to the federal bureau of investigation,

or its successor agency, for inclusion in the national instant criminal background check

system database. The court also shall notify the individual of the prohibitions of

18 U.S.C. 922(d)(4) and (g)(4), and, if relevant, of subdivision c of subsection 1 of

section 62.1-02-01.

3. If a court of this state has found an individual under subsection 1 to be subject to the

provisions of 18 U.S.C. 922(d)(4) and (g)(4), that individual may petition the court that

issued the finding or the district court of the county where the individual resides to

remove that individual's firearms-related disabilities, as provided in Public Law

No. 110-180, 105(a). A copy of the petition for relief must be served on the director of

the treatment facility that treated the individual pursuant to court order and the

prosecuting attorney of the county in which the original finding, order, or appointment

occurred. The director of the treatment facility that treated the individual pursuant to

court order and the prosecuting attorney may appear, support, object to, and present

evidence relevant to the relief sought by the petitioner. The court shall receive and

consider evidence in a closed proceeding, including evidence offered by the petitioner,

concerning:

a. The circumstances of the original order, appointment, or finding;

b. The petitioner's mental health and criminal history records, if any;

c. The petitioner's reputation; and

d. Changes in the petitioner's condition or circumstances relevant to the relief

sought.

4. The court shall grant the petition for relief if the court finds by a preponderance of the

evidence that the petitioner likely will not act in a manner dangerous to public safety

and that the granting of the relief would not be contrary to the public interest. A record

must be kept of the proceedings. The record is confidential and may be disclosed only

to a court in the event of an appeal. An individual may file a petition for relief under this

section no more than once every two years.

5. When a magistrate or court issues an order granting a petition for relief under

subsection 3, the clerk of the court immediately shall forward a copy of the order to the

bureau of criminal investigation in the format and medium specified by the bureau after

consultation with the state court administrator. The bureau immediately shall forward a

copy to the federal bureau of investigation, or its successor agency, for updating of the

national instant criminal background check system database.