(a) A person who is furloughed or discharged from court-ordered mental health services may petition the court that entered the commitment order for an order stating that the person qualifies for relief from a firearms disability.
(b) In determining whether to grant relief, the court must hear and consider evidence about:
(1) the circumstances that led to imposition of the firearms disability under 18 U.S.C. § 922(g)(4);
(2) the person’s mental history;
(3) the person’s criminal history; and
(4) the person’s reputation.

Terms Used In Texas Health and Safety Code 574.088

  • 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 corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

(c) A court may not grant relief unless it makes and enters in the record the following affirmative findings:
(1) the person is no longer likely to act in a manner dangerous to public safety; and
(2) removing the person’s disability to purchase a firearm is in the public interest.

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