Sunday, May 31, 2015

Administration Preps New Gun Regulations

The Hill

1 comment:

  1. It gets frustrating sometimes when articles don't cite sources, but I did manage to find the Unified Agenda. Of course the legal wrtng can be tough to interpret, but this did catch my eye,

    "In addition, the Department proposes
    amending the definition of ‘‘committed
    to a mental institution’’ to clarify that
    involuntary commitment to a mental
    institution includes both inpatient and
    outpatient treatment. ATF has received
    inquiries as to whether the definition
    applies to involuntary outpatient
    treatment. Although the term
    ‘‘committed to a mental institution’’ is
    not defined in 18 U.S.C. 922, the plain
    language of the statute incorporates both
    inpatient and outpatient commitments
    as the statute requires commitment to a
    mental institution, not commitment in a
    mental institution. See United States v.
    B.H., 466 F. Supp. 2d 1139, 1147 (N.D.
    Iowa 2006). Mental institutions include
    mental health facilities and the auxiliary
    mental health services provided through
    those facilities."

    So my question is, you often see judges ordering various types of counseling as a part of a sentence. For example, for DUI convictions, chemical dependency counseling. Get into a fight anger management counseling, etc. Are those considered involuntary outpatient mental health treatment that will make you a prohibited person?
    There is quite a bit there. Here is a link for the Justice Department portion of the Unified Agenda mentioned in the article.;jsessionid=0509864B4520E6AFAB83B5284868AA1E?operation=OPERATION_GET_AGENCY_RULE_LIST&currentPub=true&agencyCode=&showStage=active&agencyCd=1100