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2008 SESSION

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SB 216 Voluntary admission; report to Central Criminal Records Exchange.

Introduced by: John S. Edwards | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Involuntary mental health treatment; purchase of firearms; reporting to Central Criminal Records Exchange. Clarifies that orders for both involuntary inpatient and outpatient mental health treatment must be forwarded by the clerk of court to the Central Criminal Records Exchange, and that persons ordered to either involuntary inpatient or outpatient treatment or persons who were the subject of a temporary detention order and who subsequently agreed to voluntary commitment, are prohibited from purchasing, possessing, or transporting a firearm. This portion of the bill codifies Executive Order 50 (2007). The bill also provides that persons found incompetent to stand trial are prohibited from purchasing, possessing or transporting a firearm. A person who is prohibited from possessing a firearm because he was (i) acquitted by reason of insanity, (ii) found incompetent to stand trial, or (iii) involuntarily committed to inpatient or outpatient mental health treatment, may petition the general district court to have his right to possess a firearm restored. Such petition shall be granted if the court finds that the person's disabilities and his criminal history, treatment record, and reputation are such that the person will not be likely to act in a manner dangerous to public safety and that granting the petition will not be contrary to the public interest. The bill also provides that clerks of court shall forward to the Central Criminal Records Exchange any orders affecting an individual's right to possess a firearm, such as if a person is acquitted by reason of insanity, is found incompetent to stand trial, or has the right to possess a firearm restored by a court order.


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