(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. § 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).

Terms Used In Texas Estates Code 1202.201

  • Court: means and includes:
    (1) a county court in the exercise of its probate jurisdiction;
    (2) a court created by statute and authorized to exercise original probate jurisdiction; and
    (3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes a natural person and a corporation. See Texas Estates Code 22.027
  • person interested: means :
    (1) an heir, devisee, spouse, creditor, or any other having a property right in or claim against an estate being administered; and
    (2) anyone interested in the welfare of an incapacitated person, including a minor. See Texas Estates Code 22.018
  • Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033

(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.

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