12/30/2023 0 Comments Toa new yorkOperators of mental health facilities or programs licensed or funded by the state provide to the state Office of Mental Health any records pertaining to persons who may be disqualified from possessing a firearm due to mental illness 4 and.To ensure that such mental health data is collected for background check purposes, New York requires that: A person who is disqualified from having a firearms license because of involuntary commitment or civil confinement may petition the Commissioner of Mental Health for relief where the person’s record and reputation are such that the person is not likely to act in a manner contrary to public safety. Such records may only include names and other non-clinical identifying information of persons who have been involuntarily committed to a hospital or to a secure treatment facility. Such records may also be disclosed to the State Division of Criminal Justice Services for the purpose of determining an individual’s firearms license should be denied, suspended, or revoked under state or federal law. New York requires the state Commissioner of Mental Health to collect, retain or modify mental health records and transmit those records to the New York State Division of Criminal Justice Services or to the Criminal Justice Information Service (CJIS) of the FBI to respond to queries to the NICS database. As a result, state record reporting laws are critical to ensuring the accuracy and effectiveness of the background check system. No federal law, however, requires states to report the identities of these individuals when they become ineligible to possess firearms to the National Instant Criminal Background Check System (“NICS”) database, which the FBI uses to perform background checks prior to firearm transfers. 1 Federal law also generally prohibits people from possessing firearms if they have been involuntarily hospitalized or committed to a mental health or substance abuse treatment facility by a court, board, commission, or other lawful authority. Federal law generally prohibits possession of firearms and ammunition by people who have been found by a court, board, commission, or other lawful authority to be a danger to themselves or others, or to lack “the mental capacity to contract or manage own affairs,” as a result of their mental condition or illness.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |