Sec. 574.088. RELIEF FROM DISABILITIES IN MENTAL HEALTH CASES. (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.
Added by Acts 2009, 81st Leg., R.S., Ch. 950 (H.B. 3352), Sec. 2, eff. September 1, 2009.
Structure Texas Statutes
Title 7 - Mental Health and Intellectual Disability
Subtitle C - Texas Mental Health Code
Chapter 574 - Court-Ordered Mental Health Services
Subchapter F. Furlough, Discharge, and Termination of Court-Ordered Mental Health Services
Section 574.081. Continuing Care Plan Before Furlough or Discharge
Section 574.082. Pass or Furlough From Inpatient Care
Section 574.083. Return to Facility Under Certificate of Facility Administrator or Court Order
Section 574.084. Revocation of Furlough
Section 574.085. Discharge on Expiration of Court Order
Section 574.086. Discharge Before Expiration of Court Order
Section 574.087. Certificate of Discharge
Section 574.088. Relief From Disabilities in Mental Health Cases
Section 574.089. Transportation Plan for Furlough or Discharge