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NIAA Implementation Legislation Passes North Dakota Senate

Thursday, April 7, 2011

On April 4, House Bill 1269 unanimously passed in the North Dakota Senate by a 47 to 0 vote.  HB 1269 now goes back to the state House for consideration of its Senate amendments.  Sponsored by state Representative Karen Karls (R-35), this bill would implement requirements set forth in the Federal NICS Improvement Amendment Act (NIAA) of 2007.  HB 1269 would grant persons who have lost their firearm rights because of a mental health commitment or adjudication the 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 provide 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 is unlikely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest.

Please contact your state Representative and respectfully ask him or her to support HB 1269.  Contact information can be found here.

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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.