Sec. 502. State relief programs
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/bill/113/s/2872/is/section-502·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 105 of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note) is amended— in subsection (a), by striking paragraph
(2)and inserting the following: provides that, not earlier than 1 year after the date on which a person is first adjudicated or committed as described in subsection (g)(4) of section 922 of title 18, United States Code, a State court, board, commission, or other lawful authority shall grant the relief, pursuant to State law and in accordance with the principles of due process, only if— the person submits with the application for relief under paragraph
(1)the opinion (and records and information supporting the opinion) of a psychiatrist or licensed clinical psychologist who has personally evaluated the person, which attests that— the person no longer manifests the symptoms of mental disorder that resulted in the adjudication of the person as a mental defective or involuntary commitment of the person; the person appears to have adhered consistently to any prescribed treatment for a substantial period of time preceding the date of the application; and if ongoing treatment is required, adherence to that treatment is likely to minimize the risk that the person will revert to a mental state that would present a danger to the person or to others; the State has the opportunity to request an additional evaluation of the person by a psychiatrist or licensed clinical psychologist appointed by the court, board, commission, or other lawful authority; and the court, board, commission, or other lawful authority determines by a preponderance of the evidence received that— the person no longer manifests the symptoms of mental disorder that resulted in the adjudication of the person as a mental defective or involuntary commitment of the person; the person— appears to have consistently adhered to any prescribed treatment for a substantial period of time preceding the date of the application; and has expressed a willingness to continue treatment under an appropriate mental health professional; if ongoing treatment is required, adherence to that treatment is likely to minimize the risk that the person will revert to a mental state that would present a danger to the person or to others; and the granting of the relief would not be contrary to the public interest; and ; and by adding at the end the following: The Attorney General may, by regulation, define a term used in this section to ensure conformity with Federal programs providing relief from disabilities imposed under subsections
(d)and
(g)of section 922 of title 18, United States Code. . The amendment made by subsection
(a)shall apply only beginning on the date that is 5 years after the date of enactment of this Act, in the case of any State that has a program described in section 105 of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note) in effect on the date of enactment of this Act.
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Sec. 502
State relief programs
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