Massachusetts General Laws
Chapter 123 - Mental Health
Section 36c - Transmission of Committed Person's Name and Nonclinical, Identifying Information to Department of Criminal Justice Information Services; Prohibition of Committed Person From Being Issued Firearm Identification Card or License to Carry;...

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

Massachusetts General Laws

Part I - Administration of the Government

Title XVII - Public Welfare

Chapter 123 - Mental Health

Section 1 - Definitions

Section 2 - Regulations

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 8b - Treatment of Committed Persons With Antipsychotic Medication; Petition; Notice; Hearing; Guardian

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 12 - Emergency Restraint and Hospitalization of Persons Posing Risk of Serious Harm by Reason of Mental Illness

Section 13 - Transfer of Dangerous Males to Bridgewater State Hospital; Retention Period; Further Commitment; Procedure

Section 14 - Transfers From Bridgewater State Hospital to Other Facilities

Section 15 - Competence to Stand Trial or Criminal Responsibility; Examination; Period of Observation; Reports; Hearing; Commitment; Delinquents

Section 16 - Hospitalization of Persons Incompetent to Stand Trial or Not Guilty by Reason of Mental Illness; Examination Period; Commitment; Hearing; Restrictions; Dismissal of Criminal Charges

Section 17 - Periodic Review of Incompetence to Stand Trial; Petition; Hearing; Continued Treatment; Defense to Charges; Release

Section 18 - Hospitalization of Mentally Ill Prisoners; Examination; Reports; Hearing; Commitment; Voluntary Admission; Reduction of Sentence; Discharge

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 22 - Civil Liability of Physicians, Qualified Advanced Practice Registered Nurses, Qualified Psychologists, Qualified Psychiatric Nurse Mental Health Clinic Specialists, Police Officers and Licensed Independent Clinical Social Workers

Section 23 - Rights of Persons Receiving Services From Programs or Facilities of Department of Mental Health

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 26 - Deposit of Funds Held in Trust for Inpatients or Residents; Unclaimed Funds and Personal Property; Fiduciaries

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 33 - Expenses of Apprehension, Examination, Hearing, Commitment or Delivery; Certification; Audit; Payment; Fees

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

Section 36c - Transmission of Committed Person's Name and Nonclinical, Identifying Information to Department of Criminal Justice Information Services; Prohibition of Committed Person From Being Issued Firearm Identification Card or License to Carry;...