HB 1240 Summary

• Requires court clerks to forward certified copies of mental health commitment orders to the FBI and Oklahoma State Bureau of Investigation for inclusion in the National Instant Criminal Background Check System (NICS) database.

• Allows persons subject to federal firearm disabilities under 18 U.S.C. § 922(d)(4) and (g)(4) to petition the court for relief from those disabilities.

• Establishes procedures for relief hearings including consideration of the person's mental health history, criminal record, reputation, and changed circumstances since the original commitment.

• Grants relief if the court finds by preponderance of evidence that the person will not likely act dangerously and granting relief is in the public interest; allows de novo appeal of denials.

• Limits petitions to once every two years and not before discharge from mental institution commitment; effective date November 1, 2013.