House Bill 631 Summary

• Courts must determine whether federal law (18 U.S.C. 922(d)(4) and (g)(4)) applies when ordering commitment, appointing guardians/conservators, or finding defendants incompetent to stand trial, and must inform affected persons of firearm prohibitions and order immediate disposition of any owned firearms or ammunition.

• Sheriffs may take custody of firearms or ammunition if individuals cannot lawfully dispose of them, and court clerks must forward orders to Idaho State Police for transmission to the FBI's National Instant Criminal Background Check System (NICS) database.

• Individuals subject to these orders may petition the court for relief and removal of firearms-related disabilities; petitions must be served on the Department of Health and Welfare and prosecuting attorney, who may present evidence and object.

• Courts must grant relief petitions if finding by preponderance of evidence that the petitioner will not act dangerously and that granting relief serves public interest; petitioners may appeal denials with de novo review and may file no more than once every two years.

• Idaho State Police Bureau of Criminal Identification must obtain and transmit information about firearm eligibility to NICS in accordance with federal law, and must update or remove information when the basis no longer applies.