SF 722

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:15am

A bill for an act
relating to public safety; requiring that information on persons civilly committed,
found not guilty by reason of mental illness, or incompetent to stand trial be
transmitted to the federal National Instant Criminal Background Check System;
authorizing certain persons prohibited under state law from possessing a firearm
to petition a court for restoration of this right; amending Minnesota Statutes
2008, section 624.713, by adding a subdivision; proposing coding for new law
in Minnesota Statutes, chapter 253B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [253B.24] TRANSMITTAL OF DATA TO NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK SYSTEM.
new text end

new text begin When a court:
new text end

new text begin (1) commits a person under this chapter as being mentally ill, developmentally
disabled, mentally ill and dangerous, or chemically dependent; or
new text end

new text begin (2) determines in a criminal case that a person is incompetent to stand trial or not
guilty by reason of mental illness,
new text end

new text begin the court shall ensure that this information is transmitted to the National Instant Criminal
Background Check System.
new text end

Sec. 2.

Minnesota Statutes 2008, section 624.713, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Petition authorized to restore ability of committed persons to possess
firearm. new text end

new text begin A person prohibited from possessing a firearm under subdivision 1, clause
(3), (5), or (10), item (iv), due to confinement or commitment resulting from a judicial
determination that the person was mentally ill, developmentally disabled, mentally ill and
dangerous, or chemically dependent may petition a court to restore the person's ability to
possess a firearm. The court may grant the relief sought if the person shows good cause to
do so, that the person no longer suffers from the condition that led to the confinement or
commitment, that the person is not likely to act in a manner that is dangerous to public
safety, and that the granting of the relief sought is not contrary to the public interest.
new text end