from the ATF based on post Brady Bill clarification...


Persons Who Have Been Adjudicated as Mental Defectives or
Been Committed to a Mental Institution

    The terms ``adjudicated as a mental defective,'' ``committed to a
mental institution,'' and ``mental institution,'' as proposed in Notice
No. 839, are defined as follows:

    Adjudicated as a mental defective. (a) A determination by a
court, board, commission, or other lawful authority that a person,
as a result of marked subnormal intelligence, or mental illness,
incompetency, condition, or disease:
    (1) Is a danger to himself or to others; or
    (2) Lacks the mental capacity to contract or manage his own
affairs.
    (b) The term shall include a finding of insanity by a court in a
criminal case.
    Committed to a mental institution. A formal commitment of a
person to a mental institution by a court, board, commission, or
other legal authority. The term includes a commitment to a mental
institution involuntarily. The term includes a commitment for mental
defectiveness or mental illness. It also includes commitments for
other reasons, such as for drug use. The term does not include a
person in a mental institution for observation or a voluntary
admission to a mental institution.
    Mental institution. Includes mental health facilities, mental
hospitals, sanitariums, psychiatric facilities, and other facilities
that provide diagnoses by licensed professionals of mental
retardation or mental illness, including a psychiatric ward in a
general hospital.

    Four Federal agencies and three State agencies commented on ATF's
proposed definitions. Two State agencies questioned the meaning of
``lawful authority'' as used in the proposed regulations. In ATF's
view, ``lawful authority'' as used in the proposed regulations clearly
means a government entity having the legal authority to make
adjudications or commitments, other than courts, boards, or commissions
which are specifically mentioned. Therefore, the final regulations do
not further define ``lawful authority.''
    Another State agency asked whether the proposed definition of
``adjudicated as a mental defective'' must include a court finding of
insanity in all cases. The proposed definition includes a determination
that a person, as a result of mental illness, is a danger to himself or
to others. The term also includes a finding of insanity by a court in a
criminal case. These are separate and distinct definitions. Therefore,
a determination of mental illness under the first part of the
definition would give rise to firearms disabilities and would not
require a court finding of insanity.
    DOD commented that the Uniform Code of Military Justice was
recently amended to include procedures for the commitment of military
personnel for reason of a lack of mental responsibility. Consequently,
DOD recommends that the following be added to the definition of
``adjudicated as a mental defective'':

    The definition * * * shall also include those persons found
incompetent to stand trial or found not guilty by reason of lack of
mental responsibility pursuant to articles 50a and 72b of the
Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.

    DOD's proposed amendment will clarify the meaning of the term
``adjudicated as a mental defective'' with respect to the military and
ATF is adopting the suggested change into the final regulations.
    In its comment, the U.S. Department of Veterans Affairs correctly
interpreted the proposed definition of ``adjudicated as a mental
defective'' to mean that any person who is found incompetent by the
Veterans Administration under 38 CFR 3.353 will be considered to have
been adjudicated as a mental defective for purposes of the GCA. Section
3.353 provides that a mentally incompetent person is one who, because
of injury or disease, lacks the mental capacity to contract or manage
his or her own affairs.