RULE 5.4 PETITION FOR RESTORATION OF FIREARMS RIGHTS

Effective Date: 3/1/2016

(a) State Felony Conviction. An individual who is prohibited from possessing a firearm due to a felony conviction in this state may submit a petition for restoration of firearms rights under N.D.C.C. § 62.1-02-01.1 to the district court in the county where the offense occurred. The petition may be submitted in the existing criminal case for the offense.

(b) Out-of-State or Federal Conviction. An individual who is prohibited from possessing a firearm due to a felony conviction in another state or in a federal court may submit a petition for restoration of firearms rights under N.D.C.C. § 62.1-02-01.1 to the district court in the county where the petitioner resides. The petition must be submitted as part of a new civil case.

(c) Mental Disability. An individual who is prohibited from possessing a firearm due to a mental disability may submit a petition for restoration of firearms rights under N.D.C.C. § 62.1-02-01.2(3) to the district court that issued the finding of disability or the district court in the county where the petitioner resides. The petition may be submitted into the existing mental disability case when directed to the district court that made the finding of disability or submitted as part of a new civil case when made in the county where the petitioner resides.

Rule 5.4 was adopted, effective March 1, 2016.

SOURCES: Joint Procedure Committee Minutes of April 23-24, 2015, pages 5-6; January 29-30, 2015, pages 14-15.

STATUTES AFFECTED:

CONSIDERED: N.D.C.C. ch. 62.1-02.

Effective Date Obsolete Date
03/01/2016 View