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"(d2) The record of involuntary commitment for inpatient or outpatient mental health treatment or for substance abuse treatment required by subsection (dl) of this section shall be accessible only by an entity having proper access to NICS and shall remain otherwise confidential as provided by this Article. The clew- s13all effeet the t+a-ns issiai s to N C n a.. nis . O ffi o f t h e Gaui4s The Administrative Office of the Courts shall adopt rules to require clerks of court to transmit information to the NICS as required by subsection (dl) of this section in a uniform manner. SECTION 9. G.S. 122C -54.1 reads as rewritten: "§ 122C -54.1. Restoration process to remove mental commitment bar. (a) Any individual over the age of 18 may petition for the removal of the menta Afeafffis pufsuafA to 19 U.S.G. § 922, GAS. 14 404, and GAS. 14 disabilities pursuant to 18 U.S.C. § 922(d)(4) and (g)(4), G.S. 14- 415.3, and G.S. 14- 415.12 arising out of a determination or finding required to be transmitted to the National Instant Criminal Background Check S,, stay subdivisions (1) through (6) of subsection (dl) of G.S. 122C -54. The individual may file the petition with a district court judge upon the expiration of any current inpatient or outpatient commitment, No individual who has been found not guilty 1 — (b) The petition must be filed in the district court of the county where the respondent was the subject of the most recent judicial determination or finding either- inpatiei4 or- outpatient or in the district court of the county of the petitioner's residence. out of State mental eommitment sha4l make applieation in the eounty of The clerk of court upon receipt of the petition shall schedule a hearing using the regularly scheduled commitment court time and provide notice of the hearing to the petitioner and the distfie� attorney who represented the State in the underlying case, or that attorney's successor. Copies of the petition must be served on the director of the relevant inpatient RHd- outpatient treatment faeility, ' , facility and the district attorney in the petitioner's current county of residence. (c) The burden is on the petitioner to establish by a preponderance of the evidence that the petitioner -poses a datigef to self of others faf pufpases Of the puf:ehA ' ' . an, or- tfaflsfef Of fife . will not be likely to act in a manner dangerous to public safety and that the rig of the relief would not be contrary to the public interest. The district attorney shall present any and all relevant information to the contrary. For these purposes, the district attorney may access and use any and all mental health records, juvenile records, and criminal history of the petitioner wherever maintained. The applicant must sign a release for the district attorney to receive any mental health records of the applicant. This hearing shall be closed to the public, unless the court finds that the public interest would be better served by conducting the hearing in public. If the court determines the hearing should be open to the public, upon motion by the petitioner, the court may allow for the in camera inspection of any mental health records. The court may allow the use of the record but shall restrict it from public disclosure, unless it finds that the public interest would be better served by making the record public. The district court shall enter an order that the petitioner does or- does not eonfinue to suffer- 4ofn t4e eondition that r-esu4ted in eomfp4ment and does or- . is or is not Attachment number 3 Page 6 Session Law 2013 -369 House Bill 937- Ratified G -2 Page 121