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AZ HB2563

Bill

Status

Introduced

2/9/2011

Primary Sponsor

David Gowan

Click for details

Origin

House of Representatives

Fiftieth Legislature - First Regular Session (2011)

AI Summary

  • Establishes a petition process allowing persons deemed prohibited possessors due to mental illness to petition the court to restore their right to possess firearms.

  • Requires petitioner to present psychological or psychiatric evidence and prove by preponderance of the evidence that they are not likely to act in a manner dangerous to public safety and that granting relief is not contrary to public interest.

  • Court must consider the circumstances leading to the prohibition, the person's mental health and criminal records, reputation, current dangerousness, and any changes in condition before granting or denying the petition.

  • If petition is granted, the original order or adjudication is deemed not to have occurred for purposes of firearm possession restrictions under state and federal law, and the court must notify the Department of Public Safety and the U.S. Attorney General.

  • Grants victims the right to be present and be heard at any hearing on a firearm restoration petition, with notice required at least five days before the hearing if the victim requested postconviction notice.

Legislative Description

Firearm possession; mentally ill; restoration

Last Action

Referred to House JUD Committee

2/10/2011

Full Bill Text

No bill text available