NC S288

Establishes a petition process for individuals over 18 to remove firearm disabilities resulting from mental health determinations or findings transmitted to the National Instant Criminal Background Check System (NICS).

Requires petitions to be filed in the district court of the county where the judicial determination occurred or where the petitioner resides, with notice provided to the district attorney and relevant treatment facilities.

Places burden on petitioner to prove by preponderance of evidence that they will not act dangerously and that granting relief would not be contrary to public interest; allows district attorney access to mental health records, juvenile records, and criminal history.

Requires the court to include specific findings of fact in its order, consider the petitioner's mental health and criminal history, reputation through character evidence, and changes in condition since the original determination; allows appeal to superior court and requires one-year waiting period before reapplication after denial.

For incompetency adjudications, requires filing a petition for restoration to competency under G.S. 35A-1130, after which the individual may request the clerk update their NICS record upon verification of restoration.

Becomes effective October 1, 2015.