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Title IV — Mental health and access to firearms

S. 2872 · 113th Congress · Sep 18, 2014 · Lineage

IV Mental health and access to firearms

Sec. 401 Ban on firearm possession by person committed involuntarily to mental institution on an outpatient basis

Section 922 of title 18, United States Code, is amended—
(1)
in subsection (d)(4), by inserting “on an involuntary inpatient or involuntary outpatient basis” before the semicolon; and
(2)
in subsection (g)(4), by inserting “on an involuntary inpatient or involuntary outpatient basis” before the semicolon.

Sec. 402 Grant program regarding firearms

Section 506(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756(b)) is amended—
(1)
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly;
(2)
in the matter preceding subparagraph (A), as redesignated, by striking “to 1 or more States or units of local government” and all that follows and inserting the following:

“(1) 1 or more States or units of local government, for 1 or more of the purposes specified in section 501, if the Attorney General determines that providing such funds is necessary—”

(3)
in paragraph (1), as designated, by striking the period at the end and inserting “; or”; and
(4)
by adding at the end the following:

“(2) 1 or more States, if each such State has demonstrated, in the determination of the Attorney General, that the State has adopted policies, procedures, protocols, laws, or regulations pertaining to the possession or transfer of firearms or ammunition that—

“(A)

“(i) give State and local law enforcement officers the authority, to the extent allowable under Federal laws and the United States Constitution, to seize firearms or ammunition from an individual pursuant to a warrant, if there is probable cause to believe that the individual poses an elevated risk of harm to himself or herself or to another individual, which may be determined by considering whether the individual—

“(I) has caused harm to himself or herself or to another individual;

“(II) has detailed plans to cause harm to himself or herself or to another individual;

“(III) has a history of substance abuse; or

“(IV) lacks impulse control; and

“(ii) provide that not later than 14 days after a seizure of firearms or ammunition from an individual as described in subparagraph (A)—

“(I) the individual shall be given an opportunity to contest the seizure in court; and

“(II) any firearm or ammunition seized shall be returned to the individual unless a State or local law enforcement officer demonstrates in court by a preponderance of the evidence that the individual poses an elevated risk of harm to himself or herself or to another individual; or

“(B) temporarily prohibit an individual who has been involuntarily hospitalized for a period of not less than 48 hours for mental illness on an emergency basis from possessing a firearm or ammunition;”

Sec. 403 Notification of State and local law enforcement authorities of attempt to purchase firearm by ineligible person

(a)
Definitions— In this section—
(1)
the term National Instant Criminal Background Check System means the National Instant Criminal Background Check System established under section 103 of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note); and
(2)
the terms firearm and licensed dealer have the meanings given those terms in section 921(a) of title 18, United States Code.
(b)
Establishment of notification system— The Attorney General shall establish a system for the prompt notification of the relevant State and local enforcement agencies when the National Instant Criminal Background Check System notifies a licensed dealer that the information available to the National Instant Criminal Background Check System indicates that the possession of a firearm by an individual attempting to obtain a firearm from the licensed dealer would violate subsection (g) or (n) of section 922 of title 18, United States Code, or State law, except when the Attorney General determines, on a case-by-case basis, that law enforcement purposes would best be served by not providing such a notice.