13-925

13-925. Restoration of right to possess a firearm; mentally ill persons; application

A. On proper application, a person who was found to constitute a danger to himself or others or to be persistently or acutely disabled or gravely disabled and who was subject to a treatment order pursuant to section 36-540 may request the court that entered the treatment order to restore the person's right to possess a firearm on a showing by clear and convincing evidence that the person no longer suffers from the mental disorder that led to the finding that the person constituted a danger to himself or others or was persistently or acutely disabled or gravely disabled. The person or the person's guardian or attorney may file the application.

B. On filing of the application the court shall set a hearing at which the applicant shall present psychological or psychiatric evidence in support of the application. The state may present evidence that the person remains a danger to himself or others or remains persistently or acutely disabled and should remain a prohibited possessor.

C. A finding that the person no longer suffers from the mental disorder pursuant to subsection A of this section only restores the person's right to possess a firearm and does not apply to and has no effect on any of the other rights or benefits the person receives.