TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: April 9, 2015
RE: Rule 5.4, N.D.R.Ct., Restoration of Firearms Rights
At the January meeting the committee discussed the method for submission of petitions to restore firearms rights on request from attorney Mark Friese. Mr. Friese suggested that a petition to restore should be filed in the underlying criminal case if one exists. State court administration, however, had been requiring these petitions to be filed in separate civil cases. The committee directed staff to prepare a new rule allowing submission of petitions in the underlying criminal case.
A proposed new Rule 5.4 is attached. It would allow filing the petition in the underlying criminal case if the felony conviction was in North Dakota, but would require filing in a new civil file when the conviction was from out-of-state or in federal court. In the case of rights restriction due to a mental health, a filing options are provided depending on whether the petitioner brings the case back to the court where the disability finding was made or submits it in the county of residence.