34 U.S.C. § 40915: Relief from disabilities…

Summary

States must run a program that lets people who were legally found to be mentally ill or who were committed to a mental hospital under state law apply to have the gun-related disabilities tied to those findings removed (these disabilities are the ones in 18 U.S.C. 922(d)(4) and (g)(4)). A state court, board, or similar authority must grant the relief under state law and fair legal procedures if the person’s record and reputation show they are not likely to be dangerous and giving relief would not harm public safety. If an application is denied, the person can ask a state court for a new, full review. If relief is granted under this program — including when it is based on removing a record under 34 U.S.C. 40912(c)(1)(B) — the original adjudication or commitment is treated as if it did not happen for purposes of 18 U.S.C. 922(d)(4) and (g)(4).

Title 34, §40915

Navy, Source: USLM XML via OLRC

(a)Program described

A relief from disabilities program is implemented by a State in accordance with this section if the program—

(1)permits a person who, pursuant to State law, has been adjudicated as described in subsection (g)(4) of section 922 of title 18 or has been committed to a mental institution, to apply to the State for relief from the disabilities imposed by subsections (d)(4) and (g)(4) of such section by reason of the adjudication or commitment;

(2)provides that a State court, board, commission, or other lawful authority shall grant the relief, pursuant to State law and in accordance with the principles of due process, if the circumstances regarding the disabilities referred to in paragraph (1), and the person’s record and reputation, are such that the person will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest; and

(3)permits a person whose application for the relief is denied to file a petition with the State court of appropriate jurisdiction for a de novo judicial review of the denial.

(b)Authority to provide relief from certain disabilities with respect to firearms

If, under a State relief from disabilities program implemented in accordance with this section, an application for relief referred to in subsection (a)(1) of this section is granted with respect to an adjudication or a commitment to a mental institution or based upon a removal of a record under section 40912(c)(1)(B) of this title, the adjudication or commitment, as the case may be, is deemed not to have occurred for purposes of subsections (d)(4) and (g)(4) of section 922 of title 18.

Editorial Notes

Codification Section was formerly classified in a note under section 922 of Title 18, Crimes and Criminal Procedure, prior to editorial reclassification and renumbering as this section.

§40915 Relief From Disabilities Program Required as Condition for Participation in Grant Programs

Summary

Title 34, §40915

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata