House passes McCune bill to close loophole concerning restoration of gun rights
Published Tuesday, February 22 2011
The state House of Representatives on Tuesday passed legislation by 2nd District legislator Jim McCune that would close a loophole in the restoration of gun rights law. House Bill 1455 would require an individual petitioning to restore his or her right to possess a firearm to do so in the county where he or she lost that right.
Some felon offenders who lost their gun rights are abusing the law by filing petitions for firearms restoration in jurisdictions where it is easier to have firearms rights restored rather than in jurisdictions where he or she resides and local law enforcement officers are familiar with his or her past and present behavior.
“This is a good clean up bill that will impose the same standard for restoring rights following a criminal conviction,” said McCune, R-Graham. “This will also prevent individuals from trying to find a court that may be more sympathetic or favorable to restoring firearms rights without knowing their full criminal or mental health history. These petitions should be filed in the jurisdiction where the loss of firearms rights occurred so all relevant information may be contained in local databases.”
Under the legislation, a petition for restoration of gun rights would be required to be filed in the superior court that ordered the loss of right based on a criminal conviction or on an involuntary mental health commitment.
The bill is now headed to the Senate.
The state House of Representatives on Tuesday passed legislation by 2nd District legislator Jim McCune that would close a loophole in the restoration of gun rights law. House Bill 1455 would require an individual petitioning to restore his or her right to possess a firearm to do so in the county where he or she lost that right.
Some felon offenders who lost their gun rights are abusing the law by filing petitions for firearms restoration in jurisdictions where it is easier to have firearms rights restored rather than in jurisdictions where he or she resides and local law enforcement officers are familiar with his or her past and present behavior.
“This is a good clean up bill that will impose the same standard for restoring rights following a criminal conviction,” said McCune, R-Graham. “This will also prevent individuals from trying to find a court that may be more sympathetic or favorable to restoring firearms rights without knowing their full criminal or mental health history. These petitions should be filed in the jurisdiction where the loss of firearms rights occurred so all relevant information may be contained in local databases.”
Under the legislation, a petition for restoration of gun rights would be required to be filed in the superior court that ordered the loss of right based on a criminal conviction or on an involuntary mental health commitment.
The bill is now headed to the Senate.