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MO HB341
Bill
Status
1/27/2011
Primary Sponsor
Michael Corcoran
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AI Summary
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Repeals Section 475.375 and enacts new Section 571.092 regarding petitions to remove firearms disqualifications for individuals adjudged incapacitated, involuntarily committed, or otherwise subject to federal firearms disabilities under 18 U.S.C. Section 922(d)(4) or (g)(4).
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Changes the burden of proof from "clear and convincing evidence" to "preponderance of evidence" that the petitioner will not act dangerously and that granting relief is not contrary to public interest.
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Requires petitions to include circumstances of firearms disabilities, applicant's mental health and criminal history records, character witness statements, and evidence of changes in condition since disqualification.
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Establishes that hearings for involuntary commitment-related petitions shall be closed to the public unless the court finds public interest requires an open hearing, with potential in-camera inspection of mental health records.
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Mandates the Missouri State Highway Patrol update the National Instant Criminal Background Check System (NICS) within 21 days of a granted petition and prohibits denied petitioners from refiling for one year.
Legislative Description
Repeals the provisions regarding the filing of a petition for the removal of a disqualification for certain individuals from purchasing, possessing, or transferring a firearm and establishes new provisions
Last Action
Public Hearing Completed (H)
2/15/2011