Other prohibitors apply in the following situations: when the individual is "under indictment for, or [has] been convicted in any court of a crime, punishable by imprisonment for a term exceeding one year," 18 U.
ATF Form 4473 requires basic demographic information and also asks specific questions pertaining to the mental-health prohibitors, including the following: "[h]ave you ever been adjudicated mentally defective (which includes a determination by a court, board, commission, or other lawful authority that you are a danger to yourself or to others or are incompetent to manage your own affairs) OR have you ever been committed to a mental institution.
This database contains state-reported criminal-history records and may include mental-health prohibitors if the individual was found not guilty by reason of insanity or incompetence to stand trial.
For a description of the characteristics that make up the mental-health prohibitors, see 18 U.
Importantly, the FFL does not receive any information as to which prohibitor is responsible for a "deny" or "hold" decision.
92) Printz also implicitly recognized that states could independently determine whether they wanted to participate in NICS and allowed states to provide prohibitor information in excess of that required by the federal government.
94) And second, Congress failed to consider whether the admissibility of information relating to the mental-health prohibitor differed based on whether the information originated or was maintained in a hospital or judicial setting.
As previously noted, individuals subject to the federal mental-health prohibitor include those who have been involuntarily committed to a mental institution, found incompetent to stand trial or not guilty by reason of insanity, or otherwise determined through an adjudication to be a danger to themselves, a danger to others, or unable to manage their own affairs.
Or, the state repository for such records might be a HIPAA-covered entity, in which case pertinent prohibitor information would be subject to HIPAA protections.
155) For most of these states, however, the prohibitor information is unaffected by HIPAA-reporting prohibitions because it is created and kept in the judicial system, and therefore, HIPAA does not serve as a barrier to mental-health-prohibitor submission.
158) This would allow a covered entity to report prohibitor information through its non-HIPAA-covered unit without potentially being restricted by the HIPAA Privacy Rule.