| 1 | 1 | | By: Naishtat (Senate Sponsor - Huffman) H.B. No. 2407 |
|---|
| 2 | 2 | | (In the Senate - Received from the House May 3, 2013; |
|---|
| 3 | 3 | | May 6, 2013, read first time and referred to Committee on Criminal |
|---|
| 4 | 4 | | Justice; May 17, 2013, reported favorably by the following vote: |
|---|
| 5 | 5 | | Yeas 7, Nays 0; May 17, 2013, sent to printer.) |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | A BILL TO BE ENTITLED |
|---|
| 9 | 9 | | AN ACT |
|---|
| 10 | 10 | | relating to restoration of a person's right to purchase a firearm on |
|---|
| 11 | 11 | | termination of a guardianship. |
|---|
| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 13 | | SECTION 1. Chapter 1202, Estates Code, as effective January |
|---|
| 14 | 14 | | 1, 2014, is amended by adding Subchapter E to read as follows: |
|---|
| 15 | 15 | | SUBCHAPTER E. RESTORATION OF RIGHTS ON TERMINATION OF GUARDIANSHIP |
|---|
| 16 | 16 | | Sec. 1202.201. REMOVAL OF FIREARM DISABILITY ON COMPLETE |
|---|
| 17 | 17 | | RESTORATION OF WARD'S CAPACITY. (a) A person whose guardianship |
|---|
| 18 | 18 | | was terminated because the person's capacity was completely |
|---|
| 19 | 19 | | restored may file an application with the court that created the |
|---|
| 20 | 20 | | guardianship for an order requesting the removal of the person's |
|---|
| 21 | 21 | | disability to purchase a firearm imposed under 18 U.S.C. Section |
|---|
| 22 | 22 | | 922(g)(4). |
|---|
| 23 | 23 | | (b) At a proceeding involving the complete restoration of |
|---|
| 24 | 24 | | the ward's capacity under Subchapter B, the ward or a person |
|---|
| 25 | 25 | | interested in the ward's welfare may request an order seeking |
|---|
| 26 | 26 | | relief from a firearms disability described by Subsection (a). |
|---|
| 27 | 27 | | (c) In determining whether to grant the relief sought under |
|---|
| 28 | 28 | | Subsection (a) or (b), the court must hear and consider evidence |
|---|
| 29 | 29 | | about: |
|---|
| 30 | 30 | | (1) the circumstances that led to imposition of the |
|---|
| 31 | 31 | | firearms disability; |
|---|
| 32 | 32 | | (2) the person's mental history; |
|---|
| 33 | 33 | | (3) the person's criminal history; and |
|---|
| 34 | 34 | | (4) the person's reputation. |
|---|
| 35 | 35 | | (d) A court may not grant relief under this section unless |
|---|
| 36 | 36 | | the court makes and enters in the record the following affirmative |
|---|
| 37 | 37 | | findings: |
|---|
| 38 | 38 | | (1) the person or ward is no longer likely to act in a |
|---|
| 39 | 39 | | manner dangerous to public safety; and |
|---|
| 40 | 40 | | (2) removing the person's or ward's disability to |
|---|
| 41 | 41 | | purchase a firearm is in the public interest. |
|---|
| 42 | 42 | | SECTION 2. Section 1202.151(a), Estates Code, as effective |
|---|
| 43 | 43 | | January 1, 2014, is amended to read as follows: |
|---|
| 44 | 44 | | (a) Except as provided by Section 1202.201, at [At] a |
|---|
| 45 | 45 | | hearing on an application filed under Section 1202.051, the court |
|---|
| 46 | 46 | | shall consider only evidence regarding the ward's mental or |
|---|
| 47 | 47 | | physical capacity at the time of the hearing that is relevant to the |
|---|
| 48 | 48 | | complete restoration of the ward's capacity or modification of the |
|---|
| 49 | 49 | | ward's guardianship. |
|---|
| 50 | 50 | | SECTION 3. This Act takes effect January 1, 2014. |
|---|
| 51 | 51 | | * * * * * |
|---|