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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 7. MENTAL HEALTH AND MENTAL RETARDATION |
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Subtitle C. TEXAS MENTAL HEALTH CODE |
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Chapter 574. COURT-ORDERED MENTAL HEALTH SERVICES |
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Subchapter F. FURLOUGH, DISCHARGE, AND TERMINATION OF COURT-ORDERED MENTAL HEALTH SERVICES |
Sec. 574.088. RELIEF FROM DISABILITIES IN MENTAL HEALTH CASES
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(a) A person who is furloughed or discharged from court-ordered mental health services may petition the court that entered the commitment order for an order stating that the person qualifies for relief from a firearms disability.
(b) In determining whether to grant relief, the court must hear and consider evidence about:
(1) the circumstances that led to imposition of the firearms disability under 18 U.S.C. Section 922(g)(4);
(2) the person's mental history;
(3) the person's criminal history; and
(4) the person's reputation.
(c) A court may not grant relief unless it makes and enters in the record the following affirmative findings:
(1) the person is no longer likely to act in a manner dangerous to public safety; and
(2) removing the person's disability to purchase a firearm is in the public interest.