Change to firearm permit restrictions proposed

Mental health boards would use a clear standard of proof to determine whether petitioners with a history of mental illness may possess firearms under a bill heard by the Judiciary Committee March 3.

A person who has been released from a mental illness treatment center is disqualified from possessing a firearm or receiving a permit to carry a concealed handgun under current law. He or she may petition a mental health board to remove those restrictions by providing mental health and criminal records as well as evidence of his or her character.

Under LB815, introduced by Sen. John Stinner of Gering, a petitioner also would need to provide the board clear and convincing evidence that he or she is not likely to be a danger to public safety and that removing the restriction would not be contrary to the public interest.

Stinner said mental health boards require clear and convincing evidence when determining whether a person is mentally ill or dangerous. The same standard of proof should apply to hearings in which a person asks a mental health board to remove restrictions that prevent him or her from owning firearms or applying for a concealed carry permit, he said.

Tom Perkins, a member of the 12th Judicial District Board of Mental Health, spoke in support of the bill, saying that it would provide clear guidance to state mental health boards on the standard of proof required to remove a petitioner’s disqualifications to own a firearm. He said each board currently sets its own policy on the level of proof required, which could lead to inconsistent rulings that adversely affect a petitioner’s constitutional rights and public safety.

“The board of mental health does have a great responsibility balancing the needs and the rights of the subject with the needs and rights of the community to be safe,” he said.

Rod Moeller, speaking on behalf of the Nebraska Firearms Owners Association, also testified in support of the bill. He said any appeals process for restoring a person’s firearms should require a clear and consistent standard of proof.

No one spoke in opposition to the bill and the committee took no immediate action on it.