Okla. Stat. tit. 21, § 21-1290.27

State Bureau of Investigation - Petition to remove disability -

Hearing - Scope of relief.

A. When a court adjudicates a person mentally incompetent or

orders the involuntary commitment of a person due to a mental

illness, condition or disorder under the laws of this state by which

a person becomes subject to the provisions of Section 922(d)(4) and

(g)(4) of Title 18 of the United States Code, the clerk of the court

shall forward a certified copy of the order or adjudication to the

Federal Bureau of Investigation or its successor agency for the sole

purpose of inclusion in the National Instant Criminal Background

Check System database and to the Oklahoma State Bureau of

Investigation. The clerk of the court shall also notify the person

of the prohibitions contained within the provisions of Section

922(d)(4) and (g)(4) of Title 18 of the United States Code,

paragraph 3 of Section 1290.10 or paragraph 3 of subsection A of

Section 1290.11 of Title 21 of the Oklahoma Statutes.

B. When a court adjudicates a person mentally incompetent or

orders the involuntary commitment of a person due to a mental

illness, condition or disorder under the laws of this state by which

a person becomes subject to the provisions of Section 922(d)(4) and

(g)(4) of Title 18 of the United States Code, paragraph 3 of Section

1290.10 or paragraph 3 of subsection A of Section 1290.11 of Title

21 of the Oklahoma Statutes, or when a person is otherwise

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disqualified from eligibility for a handgun license under paragraph

6 or 7 of Section 1290.10 of Title 21 of the Oklahoma Statutes or

paragraph 4 of subsection A of Section 1290.11 of Title 21 of the

Oklahoma Statutes, the person may petition the court in which the

adjudication or commitment proceedings occurred or the district

court of the county in which the person currently resides to remove

the disability.

C. On filing of the petition, the court shall set a hearing.

Not less than thirty (30) days prior to a hearing on the matter, a

copy of the petition for relief shall be served upon the district

attorney for that county. The court shall receive and consider

evidence in a closed hearing.

D. The court shall receive evidence on and consider the

following before granting or denying the petition:

1. Psychological or psychiatric evidence from the petitioner

and in support of the petition;

2. The circumstances that resulted in the firearm disabilities;

3. The petitioner's criminal history records provided by the

state, if any;

4. The petitioner's mental health records;

5. The reputation of the petitioner based on character witness

statements, testimony or other character evidence;

6. Whether the petitioner is a danger to self or others;

7. Changes in the condition or circumstances of the petitioner

since the original adjudication of mental incompetency or

involuntary commitment for a mental illness, condition or disorder

relevant to the relief sought; and

8. Any other evidence deemed admissible by the court.

E. The court shall grant the relief requested if the petitioner

proves by clear and convincing evidence that:

1. The petitioner is not likely to act in a manner that is

dangerous to the public safety; and

2. Granting the relief requested is not contrary to the public

interest.

F. At the conclusion of the hearing, the court shall issue

findings of fact and conclusions of law. A record shall be kept of

the proceedings, but shall remain confidential and be disclosed only

to a court or the parties. No records of the proceedings pursuant

to this subsection shall be open to public inspection except by

order of the court or to a person's attorney of record. The

petitioner may appeal a denial of the requested relief, and review

on appeal shall be de novo.

G. If the court grants the petition for relief, the original

adjudication of mental incompetency or order of involuntary
or the parties. No records of the proceedings pursuant

to this subsection shall be open to public inspection except by

order of the court or to a person's attorney of record. The

petitioner may appeal a denial of the requested relief, and review

on appeal shall be de novo.

G. If the court grants the petition for relief, the original

adjudication of mental incompetency or order of involuntary

commitment due to a mental illness, condition or disorder of the

petitioner is deemed not to have occurred for purposes of applying

Section 922(d)(4) and (g)(4) of Title 18 of the United States Code,

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paragraph 3, 6 or 7 of Section 1290.10, or paragraph 3 or 4 of

subsection A of Section 1290.11 of Title 21 of the Oklahoma

Statutes.

H. The clerk of the court shall promptly forward to the Federal

Bureau of Investigation or its successor agency for the sole purpose

of inclusion in the National Instant Criminal Background Check

System database and the Department of Mental Health and Substance

Abuse Services and the Oklahoma State Bureau of Investigation, a

certified copy of the order granting relief under this section. The

Department of Mental Health and Substance Abuse Services and the

Oklahoma State Bureau of Investigation shall as soon thereafter as

is practicable, but in no case later than ten (10) business days,

update, correct, modify, or remove the record of the person in any

databases that these agencies use or refer to for the purposes of

handgun licensing, or make available to the National Instant

Criminal Background Check System and notify the United States

Attorney that the basis for such record being made available no

longer applies.

I. In lieu of sending a certified copy of a court order or

document, the court clerk may transmit the information required by

this section by using an electronic method or data exchange which is

authorized by the Federal Bureau of Investigation, the Department of

Mental Health and Substance Abuse Services and the Oklahoma State

Bureau of Investigation.