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