TITLE 66

STATE CHARITABLE INSTITUTIONS

CHAPTER 3

HOSPITALIZATION OF MENTALLY ILL

66-356.  Relief from firearms disabilities. (1) A court that:

(a)  Orders commitment pursuant to section 66-329, Idaho Code;

(b)  Orders commitment or treatment pursuant to section 66-406, Idaho Code;

(c)  Appoints a guardian pursuant to section 66-322, Idaho Code, or section 15-5-304, Idaho Code;

(d)  Appoints a conservator pursuant to section 15-5-407(b), Idaho Code;

(e)  Appoints a guardian or conservator pursuant to section 66-404, Idaho Code; or

(f)  Finds a defendant incompetent to stand trial pursuant to section 18-212, Idaho Code, shall make a finding as to whether the subject of the proceeding is a person to whom the provisions of 18 U.S.C. 922(d)(4) and (g)(4) apply. If the court so finds, the clerk of the court shall forward a copy of the order to the Idaho state police, which in turn shall forward a copy to the federal bureau of investigation, or its successor agency, for inclusion in the national instant criminal background check system database.

(2)  A person who is subject to an order, including an appointment or finding described in subsection (1) of this section, may petition the magistrate division of the court that issued such order, or the magistrate division of the district court of the county where the individual resides, to remove the person’s firearms-related disabilities as provided in section 105(a) of P.L. 110-180. A copy of the petition for relief shall also be served on the director of the department of health and welfare and the prosecuting attorney of the county in which the original order, appointment or finding occurred, and such department and office may, as it deems appropriate, appear, support, object to and present evidence relevant to the relief sought by the petitioner. The court shall receive and consider evidence, 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.

The court shall grant the petition for relief if it finds by a preponderance of the evidence that the petitioner will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest. The petitioner may appeal a denial of the requested relief, and review on appeal shall be de novo. A person may file a petition for relief under this section no more than once every two (2) years.

(3)  When a court issues an order granting a petition for relief under subsection (2) of this section, the clerk of the court shall immediately forward a copy of the order to the Idaho state police, which in turn shall immediately forward a copy to the federal bureau of investigation, or its successor agency, for inclusion in the national instant criminal background check system database.

History:

[66-356, added 2010, ch. 267, sec. 1, p. 674.]