By: Naishtat (Senate Sponsor - Huffman)	H.B. No. 2407
	(In the Senate - Received from the House May 3, 2013;
	May 6, 2013, read first time and referred to Committee on Criminal
	Justice; May 17, 2013, reported favorably by the following vote:
	Yeas 7, Nays 0; May 17, 2013, sent to printer.)

	A BILL TO BE ENTITLED
	AN ACT
	relating to restoration of a person's right to purchase a firearm on
	termination of a guardianship.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 1202, Estates Code, as effective January
	1, 2014, is amended by adding Subchapter E to read as follows:
	SUBCHAPTER E. RESTORATION OF RIGHTS ON TERMINATION OF GUARDIANSHIP
	Sec. 1202.201.  REMOVAL OF FIREARM DISABILITY ON COMPLETE
	RESTORATION OF WARD'S CAPACITY. (a) A person whose guardianship
	was terminated because the person's capacity was completely
	restored may file an application with the court that created the
	guardianship for an order requesting the removal of the person's
	disability to purchase a firearm imposed under 18 U.S.C. Section
	922(g)(4).
	(b)  At a proceeding involving the complete restoration of
	the ward's capacity under Subchapter B, the ward or a person
	interested in the ward's welfare may request an order seeking
	relief from a firearms disability described by Subsection (a).
	(c)  In determining whether to grant the relief sought under
	Subsection (a) or (b), the court must hear and consider evidence
	about:
	(1)  the circumstances that led to imposition of the
	firearms disability;
	(2)  the person's mental history;
	(3)  the person's criminal history; and
	(4)  the person's reputation.
	(d)  A court may not grant relief under this section unless
	the court makes and enters in the record the following affirmative
	findings:
	(1)  the person or ward is no longer likely to act in a
	manner dangerous to public safety; and
	(2)  removing the person's or ward's disability to
	purchase a firearm is in the public interest.
	SECTION 2.  Section 1202.151(a), Estates Code, as effective
	January 1, 2014, is amended to read as follows:
	(a)  Except as provided by Section 1202.201, at [At] a
	hearing on an application filed under Section 1202.051, the court
	shall consider only evidence regarding the ward's mental or
	physical capacity at the time of the hearing that is relevant to the
	complete restoration of the ward's capacity or modification of the
	ward's guardianship.
	SECTION 3.  This Act takes effect January 1, 2014.
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