Relating to the restoration of firearm rights for persons convicted of certain felonies

This bill relates to the restoration of firearm rights for persons convicted of certain felonies.2A(5), to apply to the department of public safety for the restoration of the right to possess, receive, or transport or cause to be transported a firearm, if all of the following apply: years have elapsed from the date of the applicant’s class “D” felony conviction, the applicant has no pending criminal charges or felony convictions in the previous years, the applicant has not been convicted of a violation of Code chapter 724 (weapons), the applicant’s class “D” conviction did not involve the use or threatened use of a dangerous weapon, and the applicant would otherwise be eligible to possess, receive, or transport or cause to be transported a firearm. The bill requires the department of public safety to conduct a criminal background check on the applicant including an inquiry of the national instant criminal background check system maintained by the federal bureau of investigation or any successor agency to determine if the application meets the requirements for restoration of firearm rights established in the bill. If the application is approved by the department of public safety, the bill requires the department of public safety to issue a certificate of restoration of firearm rights to the applicant. The bill specifies the certificate shall be proof the firearm rights of the applicant have been restored unless the rights are subsequently taken away by a disqualifying event. The bill requires one copy of the certificate be delivered to the applicant and one copy shall be delivered to the clerk of the district court where the judgment of the class “D” felony is of record. If the department of public safety denies the application under the bill, the department shall provide the applicant with written notification of the denial and the reason for the denial. The bill permits an applicant to seek review of the denial. If the applicant appeals the denial of the application of the department of public safety, the bill requires the administrative law judge to set a hearing date within days of receipt of the request for an appeal. The hearing may be held by telephone or video conference at the discretion of the administrative law judge. The administrative law judge shall receive witness testimony and other evidence relevant to the proceedings at the hearing. The hearing shall be conducted pursuant to Code chapter 17A.6.7 (rights not restorable).