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[apparently the original link got wedged]
This is what led me to ask the question a new proposed rule.
https://www.federalregister.gov/art...f-the-nics-improvement-amendments-act-of-2007
"As relevant to our programs, the Federal prohibition on the possession or receipt of firearms or ammunition applies to a person who, in the language of the statute, "has been adjudicated as a mental defective."
These are the existing laws - they already apply and we must comply with them - at time of transfer of FA (and other times like change from being healthy to being 'mental defective' )
18 U.S.C. 922(g)(4). In these rules, we will refer to this prohibition as the "Federal mental health prohibitor" although we also use the statutory language in section 922(g)(4) in our proposed regulatory language below.
18 USC 922:
https://www.law.cornell.edu/uscode/text/18/922
(g)It shall be unlawful for any person—
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
see also:
https://www.northwestfirearms.com/threads/disarming-the-vets.217499/page-2#post-1429248
of concern is the phrase -
"Has been" as opposed to "is"
Adjudicate: make a formal judgment or decision about a problem or disputed matter.
This is what led me to ask the question a new proposed rule.
https://www.federalregister.gov/art...f-the-nics-improvement-amendments-act-of-2007
"As relevant to our programs, the Federal prohibition on the possession or receipt of firearms or ammunition applies to a person who, in the language of the statute, "has been adjudicated as a mental defective."
These are the existing laws - they already apply and we must comply with them - at time of transfer of FA (and other times like change from being healthy to being 'mental defective' )
18 U.S.C. 922(g)(4). In these rules, we will refer to this prohibition as the "Federal mental health prohibitor" although we also use the statutory language in section 922(g)(4) in our proposed regulatory language below.
18 USC 922:
https://www.law.cornell.edu/uscode/text/18/922
(g)It shall be unlawful for any person—
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
see also:
https://www.northwestfirearms.com/threads/disarming-the-vets.217499/page-2#post-1429248
of concern is the phrase -
"Has been" as opposed to "is"
Adjudicate: make a formal judgment or decision about a problem or disputed matter.
Last Edited: