Relief From Disabilities In Mental Health Cases

Sec. 574.088. RELIEF FROM DISABILITIES IN MENTAL HEALTH CASES. (a) A person who is furloughed or discharged from court-ordered mental health services may petition the court that entered the commitment order for an order stating that the person qualifies for relief from a firearms disability. (b) In determining whether to grant relief, the court must hear and consider evidence about: (1) the circumstances that led to imposition of the firearms disability under 18 U.S.C. Section 922(g)(4); (2) the person's mental history; (3) the person's criminal history; and (4) the person's reputation. (c) A court may not grant relief unless it makes and enters in the record the following affirmative findings: (1) the person is no longer likely to act in a manner dangerous to public safety; and (2) removing the person's disability to purchase a firearm is in the public interest. Added by Acts 2009, 81st Leg., R.S., Ch. 950 (H.B. 3352), Sec. 2, eff. September 1, 2009.