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S.F. No. 413 - Modifying the Judicial Process for Restoring Firearms Eligibility to Violent Felons
 
Author: Senator Barbara Goodwin
 
Prepared By: Kenneth P. Backhus, Senate Counsel (651/296-4396)
 
Date: February 20, 2013



 

Section 1 amends the criminal code's provision authorizing a person who is ineligible to possess a firearm based on having committed a crime of violence to have that ability restored.

Under current law, a judge may grant the relief sought if the person shows good cause to do so and has been released from physical confinement for the offense. This section requires that the petitioner establish by clear and convincing evidence that the petitioner is not likely to act in a manner that is dangerous to public safety, and that the granting of relief is not contrary to the public interest.  Requires a 10-year waiting period before the petition may be brought, as calculated from the date of discharge of the person’s sentence. Provides for a shorter 5-year waiting period for a 5th degree controlled substance crime or a motor vehicle theft, if the petitioner was not in possession of a firearm when committing the offense. Requires the petitioner to notify the prosecutorial office that had jurisdiction over the underlying crime of violence and the corrections department that supervised the petitioner of the petition. Requires that the petition be filed in the county in which the petitioner was convicted of the underlying crime. Provides that the petitioner may be required to disclose relevant information, and agree to release mental health information to facilitate the court’s decision. Requires that specified information regarding the petition be reported. 

 

KPB/tg

 
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