HF 2295

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil rights; authorizing county attorneys 
  1.3             to join the action as a party when a felon petitions 
  1.4             the court to have firearm possession rights restored; 
  1.5             requiring notice; amending Minnesota Statutes 2003 
  1.6             Supplement, section 609.165, subdivision 1d. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.9   609.165, subdivision 1d, is amended to read: 
  1.10     Subd. 1d.  [JUDICIAL RESTORATION OF ABILITY TO POSSESS A 
  1.11  FIREARM BY A FELON.] (a) A person prohibited by state law from 
  1.12  shipping, transporting, possessing, or receiving a firearm 
  1.13  because of a conviction or a delinquency adjudication for 
  1.14  committing a crime of violence may petition a court to restore 
  1.15  the person's ability to possess, receive, ship, or transport 
  1.16  firearms and otherwise deal with firearms. 
  1.17     (b) The petitioner must notify the county attorney 
  1.18  responsible for the crime of violence conviction or adjudication 
  1.19  of the petition filed under this subdivision.  If there are 
  1.20  applicable convictions or adjudications from more than one 
  1.21  county, the petitioner must notify all of the relevant county 
  1.22  attorneys.  The petitioner must also notify the county attorney 
  1.23  in the petitioner's current county of residence.  A county 
  1.24  attorney required to be notified under this paragraph may join 
  1.25  the action as a party.  A county attorney who joins the action 
  1.26  has the full rights and obligations of any party to a civil 
  2.1   action, including the right to appeal. 
  2.2      (c) The court may grant the relief sought if the person 
  2.3   petitioner shows good cause to do so and the person petitioner 
  2.4   has been released from physical confinement.  The burden of 
  2.5   proof is on the petitioner.  
  2.6      (d) If a petition is denied, the person may not file 
  2.7   another petition until three years have elapsed without the 
  2.8   permission of the court. 
  2.9      [EFFECTIVE DATE.] This section is effective August 1, 2004.