☰ Revisor of Missouri

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 571

Effective - 28 Aug 2012 bottom

  571.092.  Restriction on transfer and possession of firearms, petition for removal of, when, requirements. — 1.  Any individual who has been adjudged incapacitated under chapter 475, who has been involuntarily committed under chapter 632, or who is otherwise subject to the firearms-related disabilities of 18 U.S.C.  Section 922(d)(4) or (g)(4) as a result of an adjudication or commitment that occurred in this state may file a petition for the removal of the disqualification to ship, transport, receive, purchase, possess, or transfer a firearm imposed under 18 U.S.C. Section 922(d)(4) or (g)(4) and the laws of this state.

  2.  The petition shall be filed in the circuit court with jurisdiction in the petitioner's place of residence or that entered the letters of guardianship or the most recent order for involuntary commitment, or the most recent disqualifying order, whichever is later.  The petition shall include:

  (1)  The circumstances regarding the firearms disabilities;

  (2)  The applicant's record which at a minimum shall include the applicant's mental health and criminal history records, if any;

  (3)  The applicant's reputation through character witness statements, testimony, or other character evidence; and

  (4)  Any other information or evidence relevant to the relief sought, including but not limited to evidence concerning any changes in the petitioner's condition since the disqualifying commitment or adjudication occurred.  

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Upon receipt of the petition, the clerk shall schedule a hearing and provide notice of the hearing to the petitioner.

  3.  The court shall grant the requested relief if it finds by clear and convincing evidence that:

  (1)  The petitioner will not be likely to act in a manner dangerous to public safety; and

  (2)  Granting the relief is not contrary to the public interest.

  4.  In order to determine whether to grant relief under this section, the court may request the local prosecuting attorney, circuit attorney, or attorney general to provide a written recommendation as to whether relief should be granted.  In any order requiring such review the court may grant access to any and all mental health records, juvenile records, and criminal history of the petitioner wherever maintained.  The court may allow presentation of evidence at the hearing if requested by the petitioner or by the local prosecuting attorney, circuit attorney, or attorney general.  A record shall be kept of the proceedings.

  5.  If the petitioner is filing the petition as a result of an involuntary commitment under chapter 632, the hearing and records shall be closed to the public, unless the court finds that public interest would be better served by conducting the hearing in public.  If the court determines the hearing should be open to the public, upon motion by the petitioner, the court may allow for the in-camera inspection of mental health records.  The court may allow the use of the record but shall restrict it from public disclosure, unless it finds that the public interest would be better served by making the record public.

  6.  The court shall include in its order the specific findings of fact on which it bases its decision.

  7.  Upon a judicial determination to grant a petition under this section, the clerk in the county where the petition was granted shall forward the order to the Missouri state highway patrol for updating of the petitioner's record with the National Instant Criminal Background Check System (NICS).  The Missouri state highway patrol shall contact the Federal Bureau of Investigation to effect this updating no later than twenty-one days from receipt of the order.

  8.  Any person who has been denied a petition for the removal of the disqualification to ship, transport, receive, purchase, possess, or transfer a firearm under this section shall not be eligible to file another petition for removal of such disqualification until the expiration of one year from the date of such denial.

  9.  In the event a petition is denied under this section, the petitioner may appeal such denial, and review shall be de novo.

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(L. 2012 H.B. 1647)


---- end of effective   28 Aug 2012 ----

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