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OK SB1845

Bill

Status

Passed

5/12/2014

Primary Sponsor

Steve Martin

Click for details

Origin

Senate

2014 Regular Session

AI Summary

  • Amends the Oklahoma Self-Defense Act to allow individuals adjudicated as mentally incompetent or involuntarily committed for mental illness to petition the court for relief from firearm disabilities that would otherwise permanently bar them from obtaining a handgun license

  • Requires court clerks to forward certified copies of mental incompetency adjudications and involuntary commitment orders to the FBI's National Instant Criminal Background Check System (NICS) and the Oklahoma State Bureau of Investigation

  • Establishes a petition process requiring a closed hearing with at least 30 days notice to the district attorney, where the court must consider psychiatric evidence, criminal history, mental health records, and whether the petitioner poses a danger to self or others

  • Grants relief if the petitioner proves by clear and convincing evidence they are not likely to act dangerously and that granting relief is not contrary to public interest; upon approval, the original adjudication is deemed not to have occurred for federal firearms law purposes

  • Requires the FBI, Department of Mental Health and Substance Abuse Services, and OSBI to update their databases within 10 business days of a court granting relief; effective date July 1, 2015

Legislative Description

Firearm disabilities; modifying procedures for certain proceedings. Effective date.

Civil and Criminal Procedure and Courts

Last Action

Approved by Governor 05/09/2014

5/12/2014

Committee Referrals

Public Safety2/4/2014

Full Bill Text

No bill text available