Chapter 11.40
RESTORATION OF FIREARM RIGHTS
Sections:
11.40.010 Eligibility.
(1) A person who is prohibited from possessing a firearm as defined by TTC 3.50.005 by reason of having been found by a court of competent jurisdiction to constitute a danger to self or to others, or having been committed to a mental institution, may petition for restoration of his or her firearm rights if:
(a) At least one year has passed since the individual was found to constitute a danger to self or others; and
(b) The individual is not currently committed to a mental institution.
(2) A person who is prohibited from possessing a firearm as defined by TTC 3.50.005 by reason of a Tulalip conviction for a crime punishable by imprisonment for a term exceeding one year, other than murder, manslaughter, robbery, assault, terrorism, maiming, arson, kidnapping, or any offense in Chapter 3.20 TTC, may petition for restoration of his or her firearm rights if:
(a) It has been more than five years since the individual’s most recent disqualifying conviction;
(b) The individual has not been convicted of a felony or misdemeanor crime involving the use of a firearm or deadly weapon within the last 10 years;
(c) The individual has not been convicted of or found not guilty by reason of insanity of any crimes in the past two years; and
(d) The individual is not currently charged with a crime.
(3) A person who is prohibited from possessing a firearm as defined by TTC 3.50.005 by reason of a Tulalip conviction for a misdemeanor crime of domestic violence, family violence, sexual assault, stalking, or dating violence may petition for restoration of his or her firearm rights if:
(a) It has been more than three years since the individual’s most recent disqualifying conviction;
(b) The individual has not been convicted of a felony or misdemeanor crime involving the use of a firearm or deadly weapon within the last 10 years;
(c) The individual has not been convicted of or found not guilty by reason of insanity of any crimes in the past two years; and
(d) The individual is not currently charged with a crime. [Res. 2018-132; Res. 2017-328].
11.40.020 Petition process.
(1) A person eligible to petition for restoration of his or her firearm rights must file the petition in the Tulalip Tribal Court and pay any required filing fees.
(2) Within five judicial days of filing the petition, the petitioner shall serve a copy of the petition on the Chief of Police.
(3) The Court shall schedule a hearing within 30 judicial days of the petitioner filing proof of service of the petition and provide notice of the hearing to the petitioner and Chief of Police.
(4) The Tribes and any other individual, without an attorney, may appear as a party to a proceeding under this section.
(5) The Court shall grant a petition under TTC 11.40.010(1) if the petitioner demonstrates, by clear and convincing evidence, that:
(a) The petitioner is eligible under TTC 11.40.010 to file a petition for firearm restoration;
(b) The petitioner is no longer required to participate in court-ordered inpatient or outpatient treatment;
(c) The petitioner has successfully managed the condition related to the commitment or court finding;
(d) The petitioner no longer presents a danger to himself or herself or the public; and
(e) The symptoms related to the commitment or court finding arc not reasonably likely to recur.
(6) The Court shall grant a petition under TTC 11.40.010(2) or (3) if the petitioner demonstrates, by clear and convincing evidence, that the petitioner is eligible under TTC 11.40.010 to file a petition for firearms restoration and does not pose a threat to the safety of either the public or the petitioner.
(7) Any party to a judgment under this chapter may appeal to the Court of Appeals in the same manner as for any other civil action. The Court shall serve a copy of any judgment under this chapter on the Office of Reservation Attorney.
(8) When a person’s right to possess a firearm has been restored under this chapter, the Tribes shall forward, within five judicial days after receiving service of the restoration order, notification that the person’s right to possess a firearm has been restored to the National Instant Criminal Background Check System Index, Denied Persons File. [Res. 2018-132; Res. 2017-328].