Before you answer,
On the NICS background check and Form 4473 if you are an adjudicated mental defective or have ever been committed to a mental institution then you are prohibited to own or possess firearms.
EXCEPTION!!!!!
EXCEPTION to 11. f. NICS Improvement Amendments Act of 2007: A person who has been adjudicated as a mental defective or committed to a mental institution is not prohibited if: (1) the person was adjudicated or committed by a department or agency of the Federal Government, such as the United States Department of Veteran’s Affairs (“VA”) (as opposed to a State court, State board, or other lawful State authority); and (2) either: (a) the person’s adjudication or commitment for mental incompetency was set-aside or expunged by the adjudicating/committing agency; (b) the person has been fully released or discharged from all mandatory treatment, supervision, or monitoring by the agency; or (c) the person was found by the agency to no longer suffer from the mental health condition that served as the basis of the initial adjudication. Persons who fit this exception should answer “no” to Item 11.f. This exception does not apply to any person who was adjudicated to be not guilty by reason of insanity, or based on lack of mental responsibility, or found incompe- tent to stand trial, in any criminal case or under the Uniform Code of Military Justice.
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HERE'S MY CONUNDRUM (only answer if you actually know, no opinions or prattle),
Is a person exempt from requirement 11 if they fulfill both 1 and 2 (either a, b, or c)???? I realize it says "and" between 1 and 2. But does that mean they must be eligible for both 1 and 2, or just one or the other?
Thanks for your answers Yahoo users, Harry.
On the NICS background check and Form 4473 if you are an adjudicated mental defective or have ever been committed to a mental institution then you are prohibited to own or possess firearms.
EXCEPTION!!!!!
EXCEPTION to 11. f. NICS Improvement Amendments Act of 2007: A person who has been adjudicated as a mental defective or committed to a mental institution is not prohibited if: (1) the person was adjudicated or committed by a department or agency of the Federal Government, such as the United States Department of Veteran’s Affairs (“VA”) (as opposed to a State court, State board, or other lawful State authority); and (2) either: (a) the person’s adjudication or commitment for mental incompetency was set-aside or expunged by the adjudicating/committing agency; (b) the person has been fully released or discharged from all mandatory treatment, supervision, or monitoring by the agency; or (c) the person was found by the agency to no longer suffer from the mental health condition that served as the basis of the initial adjudication. Persons who fit this exception should answer “no” to Item 11.f. This exception does not apply to any person who was adjudicated to be not guilty by reason of insanity, or based on lack of mental responsibility, or found incompe- tent to stand trial, in any criminal case or under the Uniform Code of Military Justice.
***************
HERE'S MY CONUNDRUM (only answer if you actually know, no opinions or prattle),
Is a person exempt from requirement 11 if they fulfill both 1 and 2 (either a, b, or c)???? I realize it says "and" between 1 and 2. But does that mean they must be eligible for both 1 and 2, or just one or the other?
Thanks for your answers Yahoo users, Harry.