Saturday, April 5, 2014

Broadened definition of "Adjudicated as a mental defective" and "Committed to a mental institution"

DOJ/ATF Notice of Proposed Rulemaking comment period ending

The proposed rule changes the language in 27 CFR 478.11 to more clearly define the statutory term "adjudicated as a mental defective".  The summary indicates that the Justice Department "recognizes that the term is outdated", but cannot be amended by regulation. Justice proposes amending the definition to clarify the term and seeks public comment.

In essence, the NPRM indicates a proposal to broaden the meaning of terms and cites the intent of Congress to broadly apply the prohibition of receipt and possession of firearms to "mentally unstable" or "irresponsible persons".  

Among other changes, The Department of Justice proposal would amend the definition of "committed to a mental institution" to include both "inpatient and outpatient treatment".  

DOJ Press Release

The NPRM can be viewed at federalregister.gov

Comments must be submitted on or before April 7th, 2014.

JR Valdes
FFLConsultingGroup.com
research@fflconsultinggroup.com

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