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Code · BILL · 113th Congress · H.R. 137 (Introduced in House) — To ensure that all individuals who should be prohibited from buying a firearm are listed in the national instant crim... · Sec. 103

Sec. 103. Adjudicated as a mental defective

315 words·~1 min read·/bill/113/hr/137/ih/section-103

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Section 921(a) of title 18, United States Code, is amended by adding at the end the following: The term adjudicated as a mental defective shall— have the meaning given the term in section 478.11 of title 27, Code of Federal Regulations, or any successor thereto; and include an order by a court, board, commission, or other lawful authority that a person, in response to mental illness, incompetency, or marked subnormal intelligence, be compelled to receive services— including counseling, medication, or testing to determine compliance with prescribed medications; and not including testing for use of alcohol or for abuse of any controlled substance or other drug.
The term committed to a mental institution shall have the meaning given the term in section 478.11 of title 27, Code of Federal Regulations, or any successor thereto. . An individual who has been adjudicated as a mental defective before the effective date described in section 203 may not apply for relief from disability under section 101(c)(2) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) on the basis that the individual does not meet the requirements in section 921(a)(36) of title 18, United States Code, as added by subsection (a).
Section 3 of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note) is amended by striking paragraph
(2)and inserting the following: Except as provided in subparagraph (B), the terms adjudicated as a mental defective and committed to a mental institution shall have the meaning given the terms in section 921(a) of title 18, United States Code. For purposes of sections 102 and 103, the terms adjudicated as a mental defective and committed to a mental institution shall have the same meanings as on the day before the date of enactment of the Fix Gun Checks Act of 2013 until the end of the 2-year period beginning on such date of enactment. .
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Sec. 103
Adjudicated as a mental defective
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