Section 36C. (a) A court that orders the commitment of a person pursuant to sections 7, 8 or 18 or subsection (e) of section 12 or subsection (b) of section 15 or subsection (b) or (c) of section 16, shall transmit the person's name and nonclinical, identifying information, including the person's social security number and date of birth to the department of criminal justice information services. The court shall notify the person that such person is prohibited from being issued a firearm identification card pursuant to section 129B of chapter 140 or a license to carry pursuant to sections 131 and 131F of said chapter 140 unless a petition for relief is subsequently granted pursuant to subsection (b).
(b) After 5 years from the date of commitment, a person committed pursuant to sections 7, 8 or 18 or subsection (e) of section 12 or subsection (b) of section 15 or subsection (b) or (c) of section 16 may file a petition for relief with the court that ordered the commitment requesting the court to restore the person's ability to possess a firearm. The court may grant the relief sought in accordance with the principles of due process if the circumstances regarding the person's disqualifying condition and the person's record and reputation are determined to be such that: (i) the person is not likely to act in a manner that is dangerous to public safety; and (ii) the granting of relief would not be contrary to the public interest. In making the determination, the court may consider evidence from a licensed physician or clinical psychologist that the person is no longer suffering from the disease or condition that caused the disability or that the disease or condition has been successfully treated for a period of 3 consecutive years.
(c) When the court grants a petition for relief pursuant to subsection (b), the clerk shall immediately forward a copy of the order for relief to the department of criminal justice information services.
(d) A person whose petition for relief is denied pursuant to subsection (b) may appeal to the appellate division of the district court for a de novo review of the denial.
Structure Massachusetts General Laws
Part I - Administration of the Government
Section 3 - Transfers; Notice; Emergencies
Section 4 - Periodic Review; Notice
Section 5 - Commitment or Retention Hearings; Right to Counsel; Medical Examination; Notice
Section 6 - Retention of Persons; Validity of Orders; Hearing
Section 7 - Commitment and Retention of Dangerous Persons; Petition; Notice; Hearing
Section 8 - Proceedings to Commit Dangerous Persons; Notice; Hearing; Orders; Jurisdiction
Section 9 - Review of Matters of Law; Application for Discharge; Notice; Hearing
Section 10 - Voluntary Admissions; Consultation With Attorney; Discharge; Outpatients; Veterans
Section 11 - Voluntary Admissions; Withdrawal; Notice; Examination; Retention
Section 14 - Transfers From Bridgewater State Hospital to Other Facilities
Section 18a - Facility Residents; Contribution Towards Cost of Counsel
Section 19 - Parties or Witnesses; Determination of Mental Condition
Section 20 - Extradition of Mental Institution Escapees
Section 21 - Transportation of Mentally Ill Persons; Restraint
Section 23a - Competent Interpreter Services in Hospitals Which Provide Acute Psychiatric Services
Section 24 - Legal Capacity of Persons Admitted or Committed
Section 25 - Guardian or Conservator; Appointment
Section 27 - Administration of Estate of Deceased Inpatient or Resident
Section 28 - Violent or Unnatural Death of Patients; Notice to District Attorney
Section 29 - Instruction and Education; Work Programs; Sale of Work Products
Section 30 - Unauthorized Absence of Patients; Notification of Police, Et al.; Return
Section 31 - Medicine and Drugs; Indigent Patients
Section 32 - Charges for Care of Persons in Facilities
Section 34 - Commitment or Transfer to Veterans Administration or Other Federal Agency
Section 35 - Commitment of Alcoholics or Substance Abusers
Section 36 - Patient Records; Inspection; Maintenance and Retention
Section 36a - Court Records of Examination or Commitment; Privacy
Section 36b - Duty to Warn Patient's Potential Victims; Cause of Action