774 Federal Register / Vol. 79, No. 4 / Tuesday, January 7, 2014 / Proposed Rules 

DEPARTMENT OF JUSTICE 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives 

27 CFR Part 478 

[Docket No. ATF 51P; AG Order No. 3411– 

2014] 

RIN 1140–AA47 

Amended Definition of ‘‘Adjudicated as 

a Mental Defective’’ and ‘‘Committed to 

a Mental Institution’’ (2010R–21P) 

AGENCY: Bureau of Alcohol, Tobacco, 

Firearms, and Explosives (ATF), 

Department of Justice. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Justice 

proposes amending Bureau of Alcohol, 

Tobacco, Firearms, and Explosives 

(ATF) regulations to clarify definitions 

of two categories of persons who are 

prohibited from receiving, possessing, 

shipping, or transporting firearms under 

the Gun Control Act of 1968. The 

proposed rule would clarify that the 

statutory term ‘‘adjudicated as a mental 

defective’’ includes persons who are 

found incompetent to stand trial or not 

guilty by reason of mental disease or 

defect, lack of mental responsibility, or 

insanity, and that the term includes 

persons found guilty but mentally ill. 

The Department recognizes that the 

term ‘‘mental defective’’ is outdated, but 

it is included in the statute and cannot 

be amended by regulation. The 

proposed amendments would further 

clarify that federal, state, local, and 

military courts are recognized lawful 

authorities that can find persons 

incompetent to stand trial or find them 

not guilty by reason of mental disease or 

defect, lack of mental responsibility, or 

insanity. The proposed rule seeks public 

comments regarding whether the 

statutory term ‘‘adjudicated as a mental 

defective’’ includes an adjudication that 

occurred when the person was under 

the age of 18. This proposed rulemaking 

would also amend ATF regulations to 

clarify that the statutory term 

‘‘committed to a mental institution’’ 

applies to involuntary inpatient or 

outpatient treatment. The proposed rule 

seeks public comments regarding 

whether the statutory term ‘‘committed 

to a mental institution’’ includes an 

involuntary commitment that occurred 

when the person was under the age of 

18. 

DATES: Written comments must be 

postmarked and electronic comments 

must be submitted on or before April 7, 

2014. Commenters should be aware that 

the electronic Federal Docket 

Management System will not accept 

comments after midnight Eastern 

Standard Time on the last day of the 

comment period. 

ADDRESSES: You may submit comments, 

identified by docket number ATF 51P, 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 648–9741. 

• Mail or Hand Delivery/Courier: 

George M. Fodor, Room 6.N–523, 

Enforcement Programs and Services, 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives, U.S. Department of 

Justice, 99 New York Avenue NE., 

Washington, DC 20226. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received will be posted 

without change to the Federal 

eRulemaking portal, http://

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

George M. Fodor, Enforcement Programs 

and Services, Bureau of Alcohol, 

Tobacco, Firearms, and Explosives, U.S. 

Department of Justice, 99 New York 

Avenue NE., Washington, DC 20226; 

telephone: (202) 648–7070. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Attorney General has delegated to 

the Director of the Bureau of Alcohol, 

Tobacco, Firearms, and Explosives 

(ATF) the authority to enforce 

provisions of the Gun Control Act of 

1968 (GCA), codified in chapter 44 of 

title 18, United States Code (U.S.C.), 

subject to the direction of the Attorney 

General and Deputy Attorney General. 

28 CFR 0.130(a). Regulations in 27 CFR 

part 478 implement provisions of the 

GCA. 

Section 922(g) of the GCA prohibits 

certain persons from shipping or 

transporting any firearm or ammunition 

in interstate or foreign commerce, 

possessing a firearm or ammunition in 

or affecting commerce, or receiving a 

firearm or ammunition that has traveled 

in interstate or foreign commerce. These 

prohibitions apply to any person who: 

(1) Has been convicted in any court of 

a crime punishable by imprisonment for 

a term exceeding one year; 

(2) Is a fugitive from justice; 

(3) Is an unlawful user of or addicted 

to any controlled substance; 

(4) Has been adjudicated as a mental 

defective or committed to a mental 

institution; 

(5) Is an alien illegally or unlawfully 

in the United States or admitted to the 

United States under a nonimmigrant 

visa; 

(6) Has been discharged from the 

Armed Forces under dishonorable 

conditions; 

(7) Having been a citizen of the 

United States, has renounced U.S. 

citizenship; 

(8) Is subject to certain types of courtissued protective orders; or 

(9) Has been convicted in any court of 

a misdemeanor crime of domestic 

violence. 

On September 6, 1996, ATF published 

in the Federal Register a notice of 

proposed rulemaking (NPRM) in which 

it proposed definitions for the terms 

‘‘adjudicated as a mental defective’’ and 

‘‘committed to a mental institution’’ as 

used in 18 U.S.C. 922(g)(4) (Notice No. 

839; 61 FR 47095). The proposed 

definition of ‘‘adjudicated as a mental 

defective’’ published at 61 FR 47098 

included determinations by a court, 

board, commission, or other lawful 

authority that a person, as a result of 

marked subnormal intelligence, or 

mental illness, incompetency, 

condition, or disease is a danger to 

himself or to others or lacks the mental 

capacity to contract or manage his own 

affairs. The proposed definition also 

included a finding of insanity by a court 

in a criminal case. 

In response to the 1996 NRPM, ATF 

received a number of comments from 

the public and from federal and state 

agencies. Some comments suggested 

additional language to clarify the 

definition of ‘‘adjudicated as a mental 

defective’’ or included information not 

originally considered by ATF. Among 

the comments ATF received was a 

recommendation from the Department 

of Defense (DOD) that the definition of 

‘‘adjudicated as a mental defective’’ be 

amended to specifically include ‘‘those 

persons found incompetent to stand 

trial or found not guilty by reason of 

lack of mental responsibility pursuant to 

articles 50a and 72b [sic] of the Uniform 

Code of Military Justice, 10 U.S.C. 850a, 

876b.’’ DOD suggested this addition to 

conform to the National Defense 

Authorization Act for 1996, Public Law 

104–106, 110 Stat. 186, which amended 

subchapter IX of the Uniform Code of 

Military Justice (UCMJ) to include 

procedures for the commitment of 

military personnel for reason of a lack 

of mental responsibility (See Notice No. 

839; 62 FR 34634 (June 27, 1997)). 

ATF incorporated DOD’s suggestion 

into its final rule published in the 


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Federal Register on June 27, 1997 

(Notice No. 839; 62 FR 34634). The 1997 

final rule defines ‘‘adjudicated as a 

mental defective’’ as codified at 27 CFR 

478.11. 

The proposed definition in the 1996 

NPRM of ‘‘committed to a mental 

institution’’ read as published at 61 FR 

47098. No comments were received 

regarding this proposed definition, and 

the final rule contained this definition 

without change. See 27 CFR 478.11. 

Congress amended the GCA in 2008 to 

provide that federal departments or 

agencies may not provide records of 

individuals ‘‘adjudicated as a mental 

defective’’ or ‘‘committed to a mental 

institution’’ to the Attorney General for 

inclusion in the National Instant 

Criminal Background Check System 

(NICS) if: 

(a) The adjudication or commitment 

was set aside or expunged, or the person 

was fully released or discharged from all 

mandatory treatment, supervision, or 

monitoring; 

(b) The person was found by a court, 

board, commission, or other lawful 

authority to no longer suffer from the 

mental health condition that served as 

the basis of the initial adjudication or 

commitment, or was found to be 

rehabilitated; or 

(c) The adjudication or commitment 

was based solely on a medical finding 

of disability, without any opportunity 

for a hearing by a court, board, 

commission, or other lawful authority, 

and the person has not otherwise been 

adjudicated as a mental defective under 

18 U.S.C. 922(g)(4). 

NICS Improvement Amendments Act of 

2007, Public Law 110–180, tit. I, sec. 

101(c)(1), 121 Stat. 2559, 2562–63 

(2008). A person who falls in one of 

these exemptions is not prohibited from 

shipping, transporting, possessing, or 

receiving a firearm or ammunition that 

has traveled in interstate or foreign 

commerce. These exemptions do not 

apply to any person adjudicated, in any 

criminal case or under the UCMJ, to be 

not guilty by reason of insanity or based 

on lack of mental responsibility, or 

found incompetent to stand trial. Id. 

Persons granted relief from 

disabilities under 18 U.S.C. 925(c) or 

under a federal or state relief program 

described in section 101(c)(2)(A) or 

section 105 of the NICS Improvement 

Amendments Act of 2007 (18 U.S.C. 922 

note) are not considered to have been 

adjudicated as a mental defective or 

committed to a mental institution. 

II. Proposed Rule 

The Department proposes amending 

the definition of ‘‘adjudicated as a 

mental defective’’ in 27 CFR 478.11 to 

clarify that persons found not guilty by 

reason of mental disease or defect are 

included in the definition of 

‘‘adjudicated as a mental defective.’’ 

The legislative history of the Gun 

Control Act indicates that Congress 

intended that the prohibition against the 

receipt and possession of firearms 

would apply broadly to ‘‘mentally 

unstable’’ or ‘‘irresponsible’’ persons. 

See, e.g., 114 Cong. Rec. 21780 (1968) 

(statement of Rep. Sikes); id. at 21832 

(statement of Rep. Corman); id. at 22270 

(statement of Rep. Fino); see also, e.g., 

id. at 21791 (statement of Rep. 

Thompson). This proposed amendment 

would clarify the application of the 

definition and specifically identifies 

those persons found not guilty by reason 

of mental disease or defect as included 

within the definition of ‘‘adjudicated as 

a mental defective.’’ 

The Department also proposes 

amending the definition of ‘‘adjudicated 

as a mental defective’’ in 27 CFR 478.11 

by removing the reference to articles 50a 

and 72b of the UCMJ and adding ‘‘by a 

court in a criminal case’’ to clarify that 

the term includes federal, state, local 

and military courts that can find 

persons incompetent to stand trial or 

not guilty by reason of mental disease or 

defect, lack of mental responsibility, or 

insanity. This proposal would clarify, 

rather than alter, the current meaning of 

the term. 

As in the military judicial system, 

courts in the federal, state, and local 

judicial systems are responsible for 

finding individuals incompetent to 

stand trial or not guilty by reason of 

insanity, mental disease or defect, or 

lack of mental responsibility. Federal 

courts have authority to determine 

competency to stand trial as well as to 

issue special verdicts on the basis of a 

person’s mental capacity at the time of 

the alleged crime. 18 U.S.C. 4241, 4242. 

Most states also have laws authorizing 

state courts to find a person either 

incompetent to stand trial or not guilty 

by reason of insanity. See Bureau of 

Justice Statistics, State Court 

Organization (2004), pp. 199–202. This 

proposed amendment would clarify that 

being found incompetent to stand trial 

or not guilty by reason of mental disease 

or defect, lack of mental responsibility, 

or insanity by federal, state, local, or 

military courts constitutes 

‘‘adjudicat[ion] as a mental defective.’’ 

The Department also proposes 

amending the definition of ‘‘adjudicated 

as a mental defective’’ in 27 CFR 478.11 

to clarify that the term includes those 

persons found guilty but mentally ill by 

a court in a criminal case in a 

jurisdiction that provides for such a 

finding. This addition to the definition 

would acknowledge the States that 

extend the guilty but mentally ill option 

to defendants who do not meet criteria 

for a plea of not guilty by reason of 

insanity. E.g., Alaska, AS § 12.47.030; 

Georgia, O.C.G.A. § 17–7–131. 

State practices have varied regarding 

whether, for purposes of a NICS 

background check, commitments of 

persons under the age of 18 are treated 

as qualifying commitments to a mental 

institution and whether the term 

‘‘adjudicated as a mental defective’’ 

includes an adjudication that occurred 

when the person was under the age of 

18. Some States make these records 

available to the NICS database and 

others not. In addition, ATF has 

received inquiries from States seeking 

greater clarity as to whether these 

adjudications and commitments qualify. 

Therefore, we are seeking comment 

regarding whether individuals 

‘‘adjudicated as a mental defective’’ or 

‘‘committed to a mental institution’’ and 

therefore prohibited from receiving, 

possessing, shipping, or transporting 

firearms under the Gun Control Act of 

1968 includes commitments or 

adjudications as a mental defective that 

occurred when the person was under 

the age of 18. 

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. 

Furthermore, ATF has received 

inquiries as to whether commitments of 

persons under the age of 18 are 

qualifying commitments to a mental 

institution. ATF is considering 

clarifying whether the term ‘‘committed 

to a mental institution’’ includes a 

commitment that occurred when the 

person was under the age of 18. ATF 

seeks comments on this option and 

solicits recommendations for other 

approaches. 

Persons are not considered to have 

been ‘‘committed to a mental 

institution’’ as a result of a voluntary 


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776 Federal Register / Vol. 79, No. 4 / Tuesday, January 7, 2014 / Proposed Rules 

admission to a mental institution or a 

temporary admission for observation 

unless the temporary admission for 

observation turns into a qualifying 

commitment as a result of a formal 

commitment by a court, board, 

commission, or other lawful authority. 

As previously noted, the NICS 

Improvement Amendments Act of 2007 

provides that adjudications and 

commitments by a federal agency may 

not be reported to NICS when the 

adjudication or commitment is 

expunged, or when other criteria are 

met. 

Furthermore, persons granted relief 

from disabilities under 18 U.S.C. 925(c) 

or under a federal or state relief program 

described in section 101(c)(2)(A) or 

section 105 of the NICS Improvement 

Amendments Act of 2007 (18 U.S.C. 922 

note) are not considered to have been 

adjudicated as a mental defective or 

committed to a mental institution. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866 and Executive 

Order 13563 

This proposed rule has been drafted 

and reviewed in accordance with 

Executive Order 12866 (‘‘Regulatory 

Planning and Review’’), section 1(b) 

(‘‘The Principles of Regulation’’), and 

Executive Order 13563 (‘‘Improving 

Regulation and Regulatory Review’’). 

The Department has determined that 

this proposed rule is a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, and accordingly 

this proposed rule has been reviewed by 

the Office of Management and Budget. 

However, this proposed rule would not 

have an annual effect on the economy 

of $100 million or more, nor would it 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

state, local, or tribal governments or 

communities. Accordingly, this 

proposed rule is not an economically 

significant rulemaking action as defined 

by Executive Order 12866. 

Further, the Department has assessed 

both costs and benefits of this proposed 

rule as required by Executive Order 

12866, section 1(b)(6), and has made a 

reasoned determination that the benefits 

of this proposed rule would justify the 

costs. The Department believes that the 

costs that would be associated with 

compliance with this proposed rule are 

minimal. A few States may incur added 

costs to provide the additional records 

to NICS. However, the proposed rule 

helpfully would clarify the statutory 

terms ‘‘adjudicated as a mental 

defective’’ and ‘‘committed to a mental 

institution’’ to prevent the unlawful 

possession or transfer of firearms to 

prohibited persons. In addition, as 

stated above, the Department is seeking 

comment regarding whether the terms 

‘‘adjudicated as a mental defective’’ or 

‘‘committed to a mental institution’’ 

includes adjudications as a mental 

defective or commitments that occurred 

when the person was under the age of 

18. Explicitly including such 

adjudications or commitments within 

the definitions of these terms may result 

in state entities providing additional 

records to the NICS that may affect 

future NICS background checks and 

may have public safety benefits. The 

Department seeks input from the public 

for assessing the costs and benefits of 

explicitly including such adjudications 

or commitments within the definitions 

of these terms. 

B. Executive Order 13132 

The proposed rule would not have 

substantial direct effects on the States, 

on the relationship between the Federal 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with section 6 of Executive 

Order 13132 (‘‘Federalism’’), the 

Attorney General has determined that 

the proposed rule would not have 

sufficient federalism implications to 

warrant the preparation of a federalism 

summary impact statement. 

C. Executive Order 12988 

The proposed rule meets the 

applicable standards set forth in 

sections 3(a) and 3(b)(2) of Executive 

Order 12988 (‘‘Civil Justice Reform’’). 

D. Regulatory Flexibility Act 

The Regulatory Flexibility Act, 5 

U.S.C. 601 et seq., requires an agency to 

conduct a regulatory flexibility analysis 

of any rule subject to notice and 

comment rulemaking requirements 

unless the agency certifies that the rule 

would not have a significant economic 

impact on a substantial number of small 

entities. See 5 U.S.C. 605(b). Small 

entities include small businesses, small 

not-for-profit enterprises, and small 

governmental jurisdictions. 5 U.S.C. 

601. The Attorney General has reviewed 

this proposed rule and, by approving it, 

certifies that this proposed rule would 

not have a significant economic impact 

on a substantial number of small 

entities. 

E. Small Business Regulatory 

Enforcement Fairness Act of 1996 

This proposed rule is not a major rule 

as defined by section 251 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. 5 U.S.C. 804. This 

proposed rule would not result in an 

annual effect on the economy of $100 

million or more; a major increase in 

costs or prices; or significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

on the ability of United States-based 

enterprises to compete with foreignbased enterprises in domestic and 

export markets. 

F. Unfunded Mandates Reform Act of 

1995 

This proposed rule would not result 

in the expenditure by state, local, and 

tribal governments, in the aggregate, or 

by the private sector, of $100 million or 

more in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

G. Paperwork Reduction Act 

This proposed rule does not contain 

any new or revisions to existing 

‘‘collection[s] of information’’ as defined 

by the Paperwork Reduction Act of 

1980, as amended (44 U.S.C. 3501 et 

seq.). 

Public Participation 

A. Comments Sought 

ATF requests comments on the 

proposed rule from all interested 

persons. ATF asks specifically for 

comments on the clarity of this 

proposed rule and how it may be made 

easier to understand. All comments 

must reference this document docket 

number (ATF 51P), be legible, and 

include the commenter’s name and 

complete mailing address. ATF will 

treat all comments as originals and will 

not acknowledge receipt of comments. 

Comments received on or before the 

closing date will be carefully 

considered. Comments received after 

that date will be given the same 

consideration if it is practical to do so, 

but assurance of consideration cannot 

be given except as to comments received 

on or before the closing date. 

B. Confidentiality 

Comments, whether submitted 

electronically or on paper, will be 

available for public viewing at ATF and 

on the Internet as part of the 

eRulemaking initiative, and are subject 

to the Freedom of Information Act. 


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Commenters who do not want their 

names or other personal identifying 

information posted on the Internet 

should submit their comment by mail or 

facsimile, along with a separate cover 

sheet that contains their personal 

identifying information. Both the cover 

sheet and comment must reference this 

docket number (ATF 51P). Information 

contained in the cover sheet will not be 

posted on the Internet. Any personal 

identifying information that appears 

within the comment will be posted on 

the Internet and will not be redacted by 

ATF. 

Any material that the commenter 

considers to be inappropriate for 

disclosure to the public should not be 

included in the comment. Any person 

submitting a comment shall specifically 

designate that portion (if any) of his 

comments that contains material that is 

confidential under law (e.g., trade 

secrets, processes). Any portion of a 

comment that is confidential under law 

shall be set forth on pages separate from 

the balance of the comment and shall be 

prominently marked ‘‘confidential’’ at 

the top of each page. Confidential 

information will be included in the 

rulemaking record but will not be 

disclosed to the public. Any comments 

containing material that is not 

confidential under law may be disclosed 

to the public. In any event, the name of 

the person submitting a comment is not 

exempt from disclosure. 

C. Submitting Comments 

Submit comments in one of three 

ways: 

• Mail or Hand Delivery/Courier: 

Send written comments to the address 

listed in the ADDRESSES section of this 

document. Written comments may be of 

any length and must appear in a 

minimum 12 point type (.17 inches), 

include a complete mailing address, and 

be signed. 

• Facsimile: You may submit 

comments by facsimile transmission to 

(202) 648–9741. Faxed comments must: 

(1) Be legible and appear in a 

minimum 12 point type (.17 inches); 

(2) Be on 81⁄2′′ x 11′′ paper; 

(3) Contain a legible, written 

signature; and 

(4) Be no more than five pages long. 

ATF will not accept faxed comments 

that exceed five pages. 

• Federal eRulemaking Portal: To 

submit comments to ATF via the 

Federal eRulemaking portal, visit 

http://www.regulations.gov and follow 

the instructions for submitting 

comments. 

D. Request for Hearing 

Any interested person who desires an 

opportunity to comment orally at a 

public hearing should submit his or her 

request, in writing, to the Director of 

ATF within the 90-day comment period. 

The Director, however, reserves the 

right to determine, in light of all 

circumstances, whether a public hearing 

is necessary. 

Disclosure 

Copies of this proposed rule and the 

comments received will be available for 

public inspection through the Federal 

eGovernment portal, http://

www.regulations.gov, or by appointment 

during normal business hours at the 

ATF Reading Room, Room 1E–062, 99 

New York Avenue NE., Washington, DC, 

20226; telephone: (202) 648–8740. 

Drafting Information 

The author of this document is George 

M. Fodor, Enforcement Programs and 

Services, Bureau of Alcohol, Tobacco, 

Firearms, and Explosives. 

List of Subjects in 27 CFR Part 478 

Administrative practice and 

procedure, Arms and ammunition, 

Authority delegations, Customs duties 

and inspection, Domestic violence, 

Exports, Imports, Law enforcement 

personnel, Military personnel, 

Nonimmigrant aliens, Penalties, 

Reporting and recordkeeping 

requirements, Research, Seizures and 

forfeitures, and Transportation. 

Authority and Issuance 

Accordingly, for the reasons 

discussed in the preamble, 27 CFR Part 

478 is proposed to be amended as 

follows: 

PART 478—COMMERCE IN FIREARMS 

AND AMMUNITION 

■ 1. The authority citation for 27 CFR 

Part 478 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 18 U.S.C. 847, 

921–931; 44 U.S.C. 3504(h). 

■ 2. Revise the definitions of 

‘‘Adjudicated as a mental defective’’ and 

‘‘Committed to a mental institution’’ in 

§ 478.11 to read as follows: 

§ 478.11 Meaning of terms. 

* * * * * 

Adjudicated as a mental defective. 

(a) A determination, order, or similar 

finding by a court, board, commission, 

or other lawful authority that a person, 

as a result of marked subnormal 

intelligence, or mental illness, 

incompetency, condition, or disease: 

(1) Is a danger to self or others; or 

(2) Lacks the mental capacity to 

contract or manage his or her own 

affairs. 

(b) The term shall include— 

(1) Those persons found not guilty by 

reason of insanity, mental disease or 

defect, or lack of mental responsibility 

by a court in a criminal case; 

(2) Those persons found guilty but 

mentally ill by a court in a criminal case 

in a jurisdiction that provides for such 

a finding; and 

(3) Those persons found incompetent 

to stand trial by a court in a criminal 

case. 

(c) The term shall not include— 

(1) Any person adjudicated by a 

department or agency of the Federal 

Government, if any of the conditions of 

section 101(c)(1) of the NICS 

Improvement Amendments Act of 2007 

apply; or 

(2) Any person who has been 

adjudicated and subsequently received 

relief from disabilities under 18 U.S.C. 

925(c) or under a program authorized by 

section 101(c)(2) or section 105(a) of the 

NICS Improvement Amendments Act of 

2007. 

* * * * * 

Committed to a mental institution. 

(a) A formal commitment of a person 

to a mental institution by a court, board, 

commission, or other lawful authority. 

The term includes an involuntary 

commitment to a mental institution for 

inpatient or outpatient treatment. The 

term includes an involuntary 

commitment for mental defectiveness, 

i.e., mental illness, to a mental 

institution. It also includes a 

commitment to a mental institution for 

other reasons, such as for drug use. 

(b) The term does not include a 

person in a mental institution solely for 

observation or evaluation, a voluntary 

admission to a mental institution, or 

voluntary outpatient treatment. The 

term shall not include any person so 

committed by a department or agency of 

the Federal Government, if any of the 

conditions of section 101(c)(1) of the 

NICS Improvement Amendments Act of 

2007 apply, or any person who has 

received relief from disabilities under a 

program authorized by section 101(c)(2) 

or section 105(a) of that Act or under 18 

U.S.C. 925(c). 

* * * * * 

Dated: January 2, 2014. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2014–00039 Filed 1–3–14; 4:15 pm] 

BILLING CODE 4410–FY–P 


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