search
top

Clarification on Language

SayUncle says he can’t find where the language of adjudicated mental defective is clarified in the bill.  After reading it again, I think I may have been mistaken.  The following section is what I was reading as clarification:

(C) the adjudication, determination, or commitment, respectively, is based solely on a medical finding of disability, without a finding that the person is a danger to himself or to others or that the person lacks the mental capacity to manage his own affairs.

This is limited though, in that this only applies to federal agencies.  This section details the circumstances under which a federal agency may NOT submit a mental health record to the AG for addition into NICS.  This language is probably intended to head off a repeat of the incident in 2000 where the VA submitted 83,000 veterans to NICS.  Under this rule, the person has to have been ruled a danger to himself or others, or a found unable to manage her or her own affairs.

After reading this again, this does not really clarify the GCA ’68 language, and leaves in tact the ATF’s interpretation of adjudicated mental defective.

Comments are closed.

top