New DOJ Proposed Background Check - Proposed Regulation Would Clarify Who Is Prohibited from Possessing Firearms for Mental Health Reasons

[JohnC]

Anyone see any problems with this new proposed change by the DOJ? Anything need commenting on?

 

Are there any loopholes in there where they might be able to screw folks over with who might of had a temp issue (like got a divorce, got depressed, took Zoloft for 3 months, and got over it later and are otherwise not on meds and completely normal) but use it to deny them a gun?

 

Anything in there to screw over veterans?

 

I mean this as in being able to deny a gun purchase without someone actually being adjudicated mentally ill, etc., by an actual court.

 

I don't want just any bureaucrat deciding themselves during a background check if folks can buy a gun or not without it being proven in a court a person is really mentally ill, etc.  

 

The PDF: https://s3.amazonaws.com/public-inspection.federalregister.gov/2014-00039.pdf

 

DOJ: http://www.justice.gov/opa/pr/2014/January/14-ag-002.html

 

You know, a system like this could be abused if they don't have to prove you have mental health issues in court.

 

But I'm not a lawyer nor a mental health professional, so that is why I ask these questions now. :)

 

The below is the short version, the PDF has a lot more.

 

 

Department of Justice Takes Steps to Strengthen Federal Background Check System for Firearms Transfers

Proposed Regulation Would Clarify Who Is Prohibited from Possessing Firearms for Mental Health Reasons

The Department of Justice today announced it is proposing a regulation that will clarify who, due to mental health reasons, is prohibited under federal law from receiving, possessing, shipping or transporting firearms.  In addition to providing general guidance on the federal law, this clarification will help states determine what information may be appropriately shared with the federal background check system for firearms transfers – the National Instant Criminal Background Check System (NICS) – in order to keep guns out of the hands of individuals who may be a danger to themselves or others.
 
The revised definition clarifies that the statutory terms “adjudicated as a mental defective” and “committed to a mental institution” include persons who are found incompetent to stand trial or not guilty by reason of mental disease or defect; persons lacking mental responsibility or deemed insane; and persons found guilty but mentally ill, regardless of whether these determinations are made by a state, local, federal or military court.  The proposed regulation also clarifies that the statutory term includes a person committed to involuntary inpatient or outpatient treatment.
 
“We are taking an important, commonsense step to clarify the federal firearms regulations, which will strengthen our ability to keep dangerous weapons out of the wrong hands,” said Attorney General Eric Holder.  “This step will provide clear guidance on who is prohibited from possessing firearms under federal law for reasons related to mental health, enabling America’s brave law enforcement and public safety officials to better protect the American people and ensure the safety of our homes and communities.  And it is emblematic of the Justice Department’s broader commitment to use every tool and resource at its disposal to combat gun violence and prevent future tragedies while respecting the Constitutional rights to which all Americans are entitled.”

The NICS background check system is a critical tool in keeping guns out of the hands of those who cannot legally have one.  To date, NICS has prevented more than 2 million guns from falling into the wrong hands. In order for background checks to continue to be effective, the system must have access to relevant, correct and complete information.
 
Clarifying the existing Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regulation is just one of many common-sense steps the department has taken to keep guns out of the wrong hands. The department is working diligently to reduce gun violence and is committed to using every tool at its disposal, including implementing effective prevention, enforcement and re-entry strategies.  In addition, the department is working with other federal departments and agencies to ensure relevant information is shared with the NICS and has also provided monetary support to states to improve their abilities to share this information.
 
The NPRM will be available for review beginning at 4:15pm on Friday, Jan. 3, 2014, at: Comments can be submitted to http://www.regulations.gov. 

 

[173rdABN]

That's already being used to deny veterans from purchasing fire arms. They are getting letters saying they are not allowed to own weapons anymore because of meds or health issues they are on or have.

[JohnC]

That's already being used to deny veterans from purchasing fire arms. They are getting letters saying they are not allowed to own weapons anymore because of meds or health issues they are on or have.

 

So help me out.... Where the heck is the link to the page we can comment. I've looked off and on for two days and I can't find it!

 

Next, what area needs commenting on to protect against that abuse of our vets guns rights?

 

I will tweet, facebook and spread this on other forums soon as I can find the comment page, etc.

[Oh Shoot]

been being discussed here some:

 

http://www.tngunowners.com/forums/topic/74361-new-executive-actions-on-gun-background-checks/

 

http://www.tngunowners.com/forums/topic/74366-executive-orders-on-gun-control-pushed-through/

----------------------

 

For comments, go to regulations.gov as instructed in your quote in your post (link in your post doesn't, though)

 

type "firearms" in search box which gives:

 

http://www.regulations.gov/#!searchResults;rpp=25;po=0;s=firearms;fp=true;ns=true

 

Second topic.

 

- OS

Edited January 7, 2014 by Oh Shoot

[JohnC]

Have you put a comment in? Your opinion?

 

I think at the very least, we should all make sure they have an appeals process because a lot of people get evaluated and have a temp 1 time issue in life, but otherwise learn to cope with whatever got hem down and they move on to being mentally healthy productive folks that are not taking drugs to correct anything.

 

My sister works in MH and she said they have a court room in the building they can see a judge and I guess be adjudicated mentally ill, etc.

 

So if they have a real issue, I don't think they'll make it out of there without being corrected and the court knowing about the issue. :shrug:

 

Also, I really don't see the mental health of folks being a huge issue with gun violence or murder.

 

But adjudicated mentally ill, sure, no gun for you. Otherwise, not adjudicated mentally ill by the court, you're OK to have a gun. That's where I stand on the issue. No gun only if they have the court judgment. No bureaucrat deciding who is eligible or not based on personal opinion of medical records.

[Hershmeister]

Always a little worrisome for .gov to legally be able to declare someone crazy. See Political Abuse of Psychiatry in the Soviet Union: http://en.m.wikipedia.org/wiki/Political_abuse_of_psychiatry_in_the_Soviet_Union