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North Dakota House Passes NIAA Implementation Legislation

Thursday, February 24, 2011

On Wednesday, February 23, House Bill 1269 passed in the state House by a 93 to 0 vote.  This legislation now moves to the state Senate.

Sponsored by state Representative Karen Karls (R-35), this bill would implement requirements set forth in the Federal NICS Improvement Amendments Act of 2007 (NIAA).  HB 1269 would grant persons who have lost their firearm rights because of a mental health commitment or adjudication a right to petition to have them restored.

People who have been placed under certain types of mental health-related orders are banned by Federal law from possessing firearms.  The NIAA established clear standards for states to use in crafting laws to give persons subject to these prohibitions a means of relief.  This legislation, under the guidelines established by the NIAA, would allow a court to grant relief from the federal prohibition upon a finding that the petitioner will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest.

Your NRA will continue to update you on HB 1269 as it moves through the North Dakota Senate.

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.