Section 47.30.851. Relief from legal disability.

   (a) A person who is prohibited from possessing a firearm or ammunition under 18 U.S.C. 922(g)(4) as a result of an involuntary commitment or an adjudication of mental illness or mental incompetence that occurred in this state may, at any time, move to be relieved from the disability resulting from an involuntary commitment or an adjudication of mental illness or mental incompetence.
   (b) In ruling on a motion under (a) of this section, the court
        (1) shall consider
             (A) the circumstances of the involuntary commitment or adjudication of mental illness or mental incompetence;
             (B) the time that has elapsed since the involuntary commitment or adjudication of mental illness or mental incompetence;
             (C) the person's reputation and mental health and criminal history records;
             (D) any conduct by the person that would constitute a crime against a person under AS 11.41 or a violation of AS 11.61.190 - 11.61.250; and
             (E) any changes in the person's condition or circumstances relevant to the relief sought; and
        (2) shall grant relief from the disability resulting from an involuntary commitment or adjudication of mental illness or mental incompetence if the court finds, by a preponderance of the evidence, that
             (A) the person is unlikely to act in a manner dangerous to self or to public safety; and
             (B) granting the relief is not contrary to the public interest.
   (c) The court shall order a hearing conducted under (b) of this section to be held open or closed to the public at the option of the person.
   (d) A decision to grant or deny relief under this section may be appealed as provided in AS 22.05.010. In reviewing the decision of the superior court, the standard of review may be de novo.

Authorities

47.30.907

Notes

References

AS 47.30.907 Report to Department of Public Safety.

History

(Sec. 4 ch 73 SLA 2014)