2017 Nebraska Revised Statutes
Chapter 71 - PUBLIC HEALTH AND WELFARE
71-963 Firearm-related disabilities; petition to remove; mental health board; review hearing; evidence; decision; appeal; petition granted; effect.
71-963. Firearm-related disabilities; petition to remove; mental health board; review hearing; evidence; decision; appeal; petition granted; effect.
(1) Upon release from commitment or treatment, a person who, because of a mental health-related commitment or adjudication occurring under the laws of this state, is subject to the disability provisions of 18 U.S.C. 922(d)(4) and (g)(4) or is disqualified from obtaining a certificate to purchase, lease, rent, or receive transfer of a handgun under section 69-2404 or a permit to carry a concealed handgun under the Concealed Handgun Permit Act may petition the mental health board to remove such disabilities.
(2)(a) Upon the filing of the petition, the subject may request and, if the request is made, shall be entitled to, a review hearing by the mental health board. The mental health board shall grant a petition filed under subsection (1) of this section if the mental health board determines that:
(i) The subject will not be likely to act in a manner dangerous to public safety; and
(ii) The granting of the relief would not be contrary to the public interest.
(b) In determining whether to remove the subject's firearm-related disabilities, the mental health board shall receive and consider evidence upon the following:
(i) The circumstances surrounding the subject's mental health commitment or adjudication;
(ii) The subject's record, which shall include, at a minimum, the subject's mental health and criminal history records;
(iii) The subject's reputation, developed, at a minimum, through character witness statements, testimony, or other character evidence; and
(iv) Changes in the subject's condition, treatment, treatment history, or circumstances relevant to the relief sought.
(3) If a decision is made by the mental health board to remove the subject's firearm-related disabilities, the clerks of the various courts shall immediately send as soon as practicable but within thirty days an order to the Nebraska State Patrol and the Department of Health and Human Services, in a form and in a manner prescribed by the Department of Health and Human Services and the Nebraska State Patrol, stating its findings, which shall include a statement that, in the opinion of the mental health board, (a) the subject is not likely to act in a manner that is dangerous to public safety and (b) removing the subject's firearm-related disabilities will not be contrary to the public interest.
(4) The subject may appeal a denial of the requested relief to the district court, and review on appeal shall be de novo.
(5) If a petition is granted under this section, the commitment or adjudication for which relief is granted shall be deemed not to have occurred for purposes of section 69-2404 and the Concealed Handgun Permit Act and, pursuant to section 105(b) of Public Law 110-180, for purposes of 18 U.S.C. 922(d)(4) and (g)(4).
Source
- Laws 2011, LB512, ยง 8.
Cross References
- Concealed Handgun Permit Act, see section 69-2427.
