House Bill 447 Summary

• Creates a new petition process for individuals prohibited from possessing firearms due to involuntary mental health commitment to seek relief from magistrate courts in the county where the commitment was issued.

• Requires petitioners to submit verified petitions containing evidence of no danger to self or others, criminal and mental health history, character and community reputation, and a certified copy of the commitment judgment.

• Mandates court-ordered evaluation and risk assessment by a licensed psychologist, psychiatrist, or designated examiner at the petitioner's expense, followed by a hearing with the county prosecutor.

• Grants relief only if the court finds by clear and convincing evidence that the petitioner is not likely to act dangerously to public safety and granting relief is not contrary to public interest, with relief effective after the appeal period expires.

• Requires the Idaho State Police to obtain and electronically transmit firearm eligibility information to the National Instant Criminal Background Check System (NICS) and update or remove information when the basis for prohibition no longer applies.