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Current as of January 01, 2024 | Updated by FindLaw Staff
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.
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.
Cite this article: FindLaw.com - North Dakota Century Code Title 62.1. Weapons § 62.1-02-01.1. Restoration of right to possess firearm - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-62-1-weapons/nd-cent-code-sect-62-1-02-01-1/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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