Bill Text: TX HB2407 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to restoration of a person's right to purchase a firearm on termination of a guardianship.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-14 - Effective on 1/1/14 [HB2407 Detail]
Download: Texas-2013-HB2407-Enrolled.html
H.B. No. 2407 |
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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 [ |
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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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2407 was passed by the House on May 2, | ||
2013, by the following vote: Yeas 146, Nays 1, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2407 was passed by the Senate on May | ||
22, 2013, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |