A bill to improve the effectiveness of the National Instant Criminal Background Check System by clarifying reporting requirements related to adjudications of mental incompetency, and for other purposes.
NICS Reporting Improvement Act of 2013 - Amends federal firearms provisions to define a person who has been adjudicated mentally incompetent or who has been committed to a psychiatric hospital as a person who is the subject of an order or finding issued by a court, board, commission, or other adjudicative body (after a hearing of which the person received actual notice and at which the person had an opportunity to participate with counsel) that found that the person, as a result of marked subnormal intelligence, mental impairment, or mental illness: (1) was an imminent danger to himself or others, (2) was guilty but mentally ill in a criminal case, (3) was not guilty in a criminal case by reason of insanity or mental disease or defect, (4) was incompetent to stand trial in a criminal case, (5) was not guilty only by reason of lack of mental responsibility under the Uniform Code of Military Justice, (6) required involuntary inpatient treatment by a psychiatric hospital, (7) required involuntary outpatient treatment by a psychiatric hospital based on a finding that the person was an imminent danger to himself or others, or (8) required involuntary commitment to a psychiatric hospital for any reason, including drug use. Excludes: (1) a person who is in a psychiatric hospital for observation or due to a voluntary admission, and (2) an order or finding that has expired, that has been set aside or expunged, or that is no longer applicable.
Defines "psychiatric hospital" to include a mental health facility, mental hospital, sanitarium, psychiatric facility, and any other facility that provides diagnoses by licensed professionals of mental retardation or mental illness, including a psychiatric ward in a general hospital.
Prohibits: (1) the sale or other disposition of a firearm or ammunition to any person knowing or having reasonable cause to believe that such person has been adjudicated mentally incompetent (currently, mental defective) or has been committed to a psychiatric hospital (currently, to any mental institution); and (2) the shipment, transport, or possession in interstate or foreign commerce of a firearm or ammunition by, or the receipt of a firearm or ammunition which has been shipped or transported in such commerce by, any such person.
Makes conforming amendments to the NICS Improvement Amendments Act of 2007.
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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