North Dakota Code 62.1-02-01.1 – Restoration of right to possess firearm
1. An individual prohibited from possessing a firearm due to a conviction of a felony under subdivision b of subsection 1 of section 62.1-02-01 may petition the district court for restoration of the individual’s firearm rights. If the felony offense was committed in this state, the petition must be filed with the district court in the county where the offense occurred. If the offense was a felony of another state or the federal government, the petition must be filed in the venue where the rights of the individual were revoked. A copy of the petition must be served on the state’s attorney’s office in the county where the petition is filed in accordance with Rule 5 of the North Dakota Rules of Civil Procedure. The state’s attorney’s office has twenty days to file a written response to the petition with the district court.
Terms Used In North Dakota Code 62.1-02-01.1
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Individual: means a human being. See North Dakota Code 1-01-49
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Rule: includes regulation. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Venue: The geographical location in which a case is tried.
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
2. The district court may restore the right of an individual to possess a firearm if the court determines, by clear and convincing evidence, that all of the following circumstances exist:
a. The individual has paid all fines imposed for the violation resulting in the prohibition; b. The individual has served all terms of imprisonment imposed for the violation resulting in the prohibition; c. The individual has successfully completed all conditions of probation or parole imposed for the violation resulting in the prohibition; and
d. The individual’s record and reputation are such that the individual is not likely to act in a manner dangerous to the safety of others.