You are looking for the provisions under the NICS Improvement Amendments Act of 2007 (HR 2640). This act affects state appeals and federal appeals of mental health disqualifications.
Last year I wrote of two appeals processes established (BATF and NY state) which I've pasted below. NICS Improvement Amendments Act of 2007 (HR 2640) revisited I thought we might see results from the appeal process established by HR 2640 of 2007 by now. Well it seems we've just established an appeal process in the BATFE about a year and a half after President Bush signed the bill into law. See the memo below: http://regulations.justia.com/view/148284/ [Federal Register: July 13, 2009 (Volume 74, Number 132)] [Notices] [Page 33475] >From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13jy09-108] ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Bureau of Alcohol, Tobacco, Firearms and Explosives [Docket No. ATF 32N; ATF O 1120.8] Delegation Order--Authority To Facilitate Implementation of the NICS Improvement Amendments Act of 2007 1. Purpose. This order delegates the authority to exercise the authorities and responsibilities committed to the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) under the NICS Improvement Amendments Act of 2007, Public Law 110-180 (NIAA). This authority is to establish and enforce the criteria that applicable Federal departments and agencies and states use to create qualifying relief from firearms disabilities programs, to make decisions as to whether applicable Federal departments and agencies and states have properly implemented and certified relief from firearms disabilities programs under the NIAA, and to make any related determinations under the NIAA regarding such relief from firearms disabilities programs. 2. Delegations. Under the authority vested in the Director, Bureau of Alcohol, Tobacco, Firearms and Explosives, by Title 28 U.S.C. 599A, 28 CFR 0.130-0.133, and Attorney General Order Number 3072-2009, Delegation of Authority to the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to Facilitate Implementation of the NICS Improvement Amendments of 2007, I hereby delegate to the Assistant Director, Enforcement Programs and Services, the authority to exercise the authorities and responsibilities committed to the Director of ATF under the NIAA. This authority is to establish and enforce the criteria that applicable Federal departments and agencies and states use to create qualifying relief from firearms disabilities programs, to make decisions as to whether applicable Federal departments and agencies and states have properly implemented and certified relief from firearms disabilities programs under the NIAA, and to make any related determinations under the NIAA regarding such relief from firearms disabilities programs. 3. Redelegation. The authority in this order may be redelegated to a position not lower than the Chief, Firearms Programs Division. 4. Questions. Questions regarding this order should be addressed to the Chief, Firearms Programs Division at (202) 648-7090. Signed: June 22, 2009. Kenneth Melson, Acting Director. [FR Doc. E9-16453 Filed 7-10-09; 8:45 am] Petition for relief of firearm disability in NY state is handled according to this guidance http://www.courts.state.ny.us/rules/chiefadmin/148_amend.pdf. Phil > > 18 U.S.C. 922(g)(4) bars gun possession by, among others, anyone "who [has] been committed to a mental institution" - apparently at any time in the past. Is there any procedure through which people who have been (properly) committed to a mental institution may have that somehow set aside or vacated for 922(g)(4) purposes, on the grounds that enough time has elapsed, and that there is no reason to question their mental health now? Thanks, > > Eugene > > _______________________________________________ To post, send message to Firearmsregprof@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
