RULE 5.4 PETITION FOR RESTORATION OF FIREARMS RIGHTS
Effective Date: 3/1/2020
(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) 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. Amended effective March 1, 2020.
Language on restoration of firearms rights in other states or in federal court was deleted, effective March 1, 2020.
SOURCES: Joint Procedure Committee Minutes of January 30, 2020, pages ___; 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.