{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-1290.27","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-1290.27","heading":"Notice to Federal Bureau of Investigation and Oklahoma","body":"State Bureau of Investigation - Petition to remove disability -\n\nHearing - Scope of relief.\n\nA. When a court adjudicates a person mentally incompetent or\n\norders the involuntary commitment of a person due to a mental\n\nillness, condition or disorder under the laws of this state by which\n\na person becomes subject to the provisions of Section 922(d)(4) and\n\n(g)(4) of Title 18 of the United States Code, the clerk of the court\n\nshall forward a certified copy of the order or adjudication to the\n\nFederal Bureau of Investigation or its successor agency for the sole\n\npurpose of inclusion in the National Instant Criminal Background\n\nCheck System database and to the Oklahoma State Bureau of\n\nInvestigation. The clerk of the court shall also notify the person\n\nof the prohibitions contained within the provisions of Section\n\n922(d)(4) and (g)(4) of Title 18 of the United States Code,\n\nparagraph 3 of Section 1290.10 or paragraph 3 of subsection A of\n\nSection 1290.11 of Title 21 of the Oklahoma Statutes.\n\nB. When a court adjudicates a person mentally incompetent or\n\norders the involuntary commitment of a person due to a mental\n\nillness, condition or disorder under the laws of this state by which\n\na person becomes subject to the provisions of Section 922(d)(4) and\n\n(g)(4) of Title 18 of the United States Code, paragraph 3 of Section\n\n1290.10 or paragraph 3 of subsection A of Section 1290.11 of Title\n\n21 of the Oklahoma Statutes, or when a person is otherwise\n\ndisqualified from eligibility for a handgun license under paragraph\n\n6 or 7 of Section 1290.10 of Title 21 of the Oklahoma Statutes or\n\nparagraph 4 of subsection A of Section 1290.11 of Title 21 of the\n\nOklahoma Statutes, the person may petition the court in which the\n\nadjudication or commitment proceedings occurred or the district\n\ncourt of the county in which the person currently resides to remove\n\nthe disability.\n\nC. On filing of the petition, the court shall set a hearing.\n\nNot less than thirty (30) days prior to a hearing on the matter, a\n\ncopy of the petition for relief shall be served upon the district\n\nattorney for that county. The court shall receive and consider\n\nevidence in a closed hearing.\n\nD. The court shall receive evidence on and consider the\n\nfollowing before granting or denying the petition:\n\n1. Psychological or psychiatric evidence from the petitioner\n\nand in support of the petition;\n\n2. The circumstances that resulted in the firearm disabilities;\n\n3. The petitioner's criminal history records provided by the\n\nstate, if any;\n\n4. The petitioner's mental health records;\n\n5. The reputation of the petitioner based on character witness\n\nstatements, testimony or other character evidence;\n\n6. Whether the petitioner is a danger to self or others;\n\n7. Changes in the condition or circumstances of the petitioner\n\nsince the original adjudication of mental incompetency or\n\ninvoluntary commitment for a mental illness, condition or disorder\n\nrelevant to the relief sought; and\n\n8. Any other evidence deemed admissible by the court.\n\nE. The court shall grant the relief requested if the petitioner\n\nproves by clear and convincing evidence that:\n\n1. The petitioner is not likely to act in a manner that is\n\ndangerous to the public safety; and\n\n2. Granting the relief requested is not contrary to the public\n\ninterest.\n\nF. At the conclusion of the hearing, the court shall issue\n\nfindings of fact and conclusions of law. A record shall be kept of\n\nthe proceedings, but shall remain confidential and be disclosed only\n\nto a court or the parties. No records of the proceedings pursuant\n\nto this subsection shall be open to public inspection except by\n\norder of the court or to a person's attorney of record. The\n\npetitioner may appeal a denial of the requested relief, and review\n\non appeal shall be de novo.\n\nG. If the court grants the petition for relief, the original\n\nadjudication of mental incompetency or order of involuntary\nor the parties. No records of the proceedings pursuant\n\nto this subsection shall be open to public inspection except by\n\norder of the court or to a person's attorney of record. The\n\npetitioner may appeal a denial of the requested relief, and review\n\non appeal shall be de novo.\n\nG. If the court grants the petition for relief, the original\n\nadjudication of mental incompetency or order of involuntary\n\ncommitment due to a mental illness, condition or disorder of the\n\npetitioner is deemed not to have occurred for purposes of applying\n\nSection 922(d)(4) and (g)(4) of Title 18 of the United States Code,\n\nparagraph 3, 6 or 7 of Section 1290.10, or paragraph 3 or 4 of\n\nsubsection A of Section 1290.11 of Title 21 of the Oklahoma\n\nStatutes.\n\nH. The clerk of the court shall promptly forward to the Federal\n\nBureau of Investigation or its successor agency for the sole purpose\n\nof inclusion in the National Instant Criminal Background Check\n\nSystem database and the Department of Mental Health and Substance\n\nAbuse Services and the Oklahoma State Bureau of Investigation, a\n\ncertified copy of the order granting relief under this section. The\n\nDepartment of Mental Health and Substance Abuse Services and the\n\nOklahoma State Bureau of Investigation shall as soon thereafter as\n\nis practicable, but in no case later than ten (10) business days,\n\nupdate, correct, modify, or remove the record of the person in any\n\ndatabases that these agencies use or refer to for the purposes of\n\nhandgun licensing, or make available to the National Instant\n\nCriminal Background Check System and notify the United States\n\nAttorney that the basis for such record being made available no\n\nlonger applies.\n\nI. In lieu of sending a certified copy of a court order or\n\ndocument, the court clerk may transmit the information required by\n\nthis section by using an electronic method or data exchange which is\n\nauthorized by the Federal Bureau of Investigation, the Department of\n\nMental Health and Substance Abuse Services and the Oklahoma State\n\nBureau of Investigation.","path":["OK Code","Title 21"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os21.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"1b874c807aa86e5c9ed688c82ef029c702ee8fc78172f1f9948a3068375eca8a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-1290.26","next":"us-ok/okla.-stat.-tit.-21-21-1290.3"},"notice":"GroundRules: Original legal text. Not legal advice."}