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.
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,
ReplyDelete"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."
http://www.gpo.gov/fdsys/pkg/FR-2014-01-07/pdf/2014-00039.pdf#page=1
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.
http://reginfo.gov/public/do/eAgendaMain;jsessionid=0509864B4520E6AFAB83B5284868AA1E?operation=OPERATION_GET_AGENCY_RULE_LIST¤tPub=true&agencyCode=&showStage=active&agencyCd=1100