Under current law, a person who was convicted of a felony is prohibited from using, possessing, or carrying a firearm. The bill creates a process to allow a person convicted of a certain nonviolent felony to have his or her right to carry a firearm restored. To restore the right, the person must file a petition with the district court after a 5-year waiting period and provide a lawful purpose for restoration.
The court may issue a certificate of restoration if, after review of the petition, the criminal history of the person and any submission to the court by the district attorney or any victim in the case and any other relevant evidence, the court finds, by a preponderance of the evidence, that:
- The person is engaged in or seeking to be engaged in a lawful occupation or activity, including employment, training, education, or rehabilitative programs, or the person has a lawful source of income;
- The person has not had any criminal convictions since the completion of his or her sentence, excluding minor traffic violations, and criminal charges are not pending against the person;
- The person has presented, in the petition, lawful and substantial reasons for restoration of the right to possess a firearm or any other weapon; and
- Granting the petition would not impose an unreasonable risk to the safety or welfare of the public or any person.
Current status
- 02/20/2014 - House Committee on Judiciary Postpone Indefinitely
- 01/30/2013 - Introduced In House - Assigned to Judiciary
