Sec. 502. State relief programs
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/bill/115/hr/4142/ih/section-502A 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 ( 34 U.S.C. 40915 ) is amended— in subsection (a)(2), by striking if the circumstances regarding the disabilities referred to in paragraph (1), and the person's record and reputation, are such that the person will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest; and and inserting the following: beginning not earlier than 1 year after the person is first adjudicated as described in subsection (g)(4) of section 922 of title 18, United States Code, if the person submits the opinion (and records and information supporting the opinion) of a psychiatrist, a clinical psychologist, or a licensed or qualified mental health professional who can provide adequate information who has personally evaluated the person, and after affording the State the opportunity to request an additional evaluation, by a psychiatrist, clinical psychologist, or other licensed or qualified mental health professional who can provide adequate information appointed by the court, board, commission, or other lawful authority, only if the court, board, commission, or other lawful authority determines by a preponderance of the evidence received that the person is a person described in subsection (c); and ; and by adding at the end the following:
A person described in this subsection is any person who submits with the application for relief under subsection (a)(1), the opinion (and records and information supporting the opinion) of a psychiatrist, a clinical psychologist, or a licensed or qualified mental health professional who can provide adequate information who has personally evaluated the petitioner and which attests that— the person no longer manifests the symptoms of disqualifying mental status that resulted in that person’s adjudication as ineligible due to disqualifying mental status or involuntary commitment; the person appears to have adhered consistently 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, that 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 self or others; and the granting of the relief would not be contrary to the public interest.
The Attorney General may, by rule, define terms 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 ( 34 U.S.C. 40915 ) in effect on the date of enactment of this Act.
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Sec. 502
State relief programs
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