HOUSE BILL NO. HB0059

BILL TITLE: Reporting of and relief from firearms disqualification.

Sponsored by: Representative(s) Pownall, Burlingame, Kirkbride and Stith and Senator(s) Von Flatern

*Note: This bill does not establish any process by which state agencies or state agents would physically take firearms from the firearms owner in cases regarding the owners mental health.

The first paragraph of any Wyoming bill must detail the intention of the proposed law. Unlike other states and the federal government, nothing else can be attached to the bill.

AN ACT relating to public safety; providing that certain mental health information that evidences federal firearms disqualification may be reported as specified; creating a procedure for persons disqualified for mental health reasons to challenge their disqualification; requiring the division of criminal investigation to collect and report specified mental health information; requiring state and local agencies to report specified mental health information and designate persons to receive notice; providing for limited liability as specified; and providing for an effective date.

This bill does provide "due process," meaning that a person's gun rights cannot be taken from them for mental health reasons unless and until they have had their day in court.

(g)  The burden is on the petitioner to establish by a preponderance of the evidence that the circumstances regarding the disabilities imposed under 18 U.S.C. § 922(d)(4) and (g)(4) and the petitioner's record and reputation are such that the petitioner will not be likely to act in a manner dangerous to public safety and that it is not contrary to the public interest to grant the petition and remove the disabilities. The district attorney shall present any admissible, relevant information to the contrary. For the purposes specified in this subsection, the district attorney may access and use any and all admissible mental health records, juvenile records, and criminal history of the petitioner wherever maintained. The applicant shall sign a release for the district attorney to receive any mental health records of the applicant.