Summary

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. Read More

Status

This bill was introduced on Mar 6, 2013, in a previous session of Congress, but was not passed.

Bill Text

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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``NICS Reporting Improvement Act of 2013''.

SEC. 2. DEFINITIONS RELATING TO MENTAL HEALTH.

(a) Title 18 Definitions.--Chapter 44 of title 18, United States Code, is amended-- (1) in section 921(a), by adding at the end the following: ``(36)(A) Subject to subparagraph (B), the term `has been adjudicated mentally incompetent or has been committed to a psychiatric hospital', with respect to a person-- ``(i) means the person is the subject of an order or finding by a judicial officer, court, board, commission, or other adjudicative body-- ``(I) that was issued after a hearing-- ``(aa) of which the person received actual notice; and ``(bb) at which the person had an opportunity to participate with counsel; and ``(II) that found that the person, as a result of marked subnormal intelligence, mental impairment, or mental illness-- ``(aa) was an imminent danger to himself or to others; ``(bb) was guilty but mentally ill in a criminal case; ``(cc) was not guilty in a criminal case by reason of insanity or mental disease or defect; ``(dd) was incompetent to stand trial in a criminal case; ``(ee) was not guilty only by reason of lack of mental responsibility under section...

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Sentiment Map

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Nation

113 Supporting
90 Opposing
56% 44%

State: CA

4 Supporting
6 Opposing
40% 60%

District: 1st

0 Supporting
0 Opposing
0% 0%

Popularity Trend

Organizations Supporting

S. 480 improves the effectiveness of the National Instant Criminal Background Check System by clarifying reporting requirements related to adjudications of mental incompetency and clarifying the definitions of who is considered mentally ill.

Organizations Opposing

No organizations opposing yet.

Users Supporting

I support S. 480: NICS Reporting Improvement Act of 2013 because this would, if properly enforced, help prevent such horrible events of mass shootings as we have seen recently by the mentally ill. HOWEVER, the paragraph regarding somebody that voluntarily commits themselves needs to be worded much stronger. If they are deemed to be a danger to themselves or others, after voluntarily commitment, they MUST be reported as such.

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AZ
4
Anonymous877581
AZ-4
2 years ago

I support S. 480: NICS Reporting Improvement Act of 2013 because it's vital to clarify the definition of disqualifying mental illness, keep it very stringent and subject to due process, and ensure that the general concern about the dangerously mentally ill isn't used as a back-door means for the trampling of non-violent people's 2nd Amendment rights as already occurs on a regular basis, especially in politically anti-gun jurisdictions.

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TX
11
MikeSA
TX-11
2 years ago

I support S. 480: NICS Reporting Improvement Act of 2013 because... I believe the NICS process is a good one but it needs to be tightened and supplied with the information that may help keep firearms out of the hands of those that should not possess them. Better and more through reporting of mental health issues can help stop some buyers who slip through the cracks under the current system. This bill doesn't punish the law abiding population, instead it actually seems that it would help solve the problem. I would like to see your support for this bill

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WI
3
fairtaxbill
WI-3
2 years ago

Having watched the governing body of this proud nation propose unnecessary bills to mitigate the gun violence, it is pleasant to see a bill that actually adressess the core problem. 'S. 480: NICS Reporting Improvement Act of 2013' is the only bill that is worthy of support. This bill doesn't punish the law abiding population, instead it actually seems that it would help solve the problem. Please help our nation, end the madness and support this bill. Thank you.

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IN
9
ranstang94
IN-9
2 years ago

I support S. 480: NICS Reporting Improvement Act of 2013 because...this Bill is a make sense alternative to the present situation that has no definition or way to legally define who might not be competent to own a gun. Apparently the NRA supports the bill too.

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FL
3
fred2
FL-3
2 years ago

I support S. 480: NICS Reporting Improvement Act of 2013 because...This would be an excellent addition to the NICS and would help plug up the Mental Health loop-hole.....

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GA
9
Hiredwhip
GA-9
2 years ago

Users Opposing

I oppose S. 480: NICS Reporting Improvement Act of 2013 because...How can a physician or doctor adjudicate a person. Is it not up to a judge to do this? What about Vets where does it put them? Correct these flaws and I will agree to this bill.

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OH
11
WaTT
OH-11
11 months ago

I oppose S. 480: NICS Reporting Improvement Act of 2013 because...Disguised as an effort to “increase mental health funding,” Thompson’s amendment provides more resources to construct Barack Obama’s National “Mental Health” No Gun Database. If passed, this radical scheme would allow federal government bureaucrats to strip law-abiding American citizens of their Second Amendment rights just because they don’t like your, race, religion or political views. ObamaCare is the main vehicle for building the gun-grabbers’ National No Gun Registry, but they’ll use virtually any excuse -- including the tragedy in California -- to put as many Americans as possible on the list. Have you ever served in the military or experienced a traumatic family situation like the death of a loved one? If you’re prescribed anything at all -- or even if you complain of stress to the wrong person -- that could be enough for you to lose your Second Amendment rights!

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MI
4
steve1dogg
MI-4
1 year ago

I oppose S. 480: NICS Reporting Improvement Act of 2013 because... This would not work without granting access to privileged Doctor, Patient information and the Government has NO RIGHT to that information

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OR
4
rtp97469
OR-4
1 year ago

I oppose S. 480: NICS Reporting Improvement Act of 2013 because... after reading the text of the bill, this legislation appears very vague and overly broad. Some of the wording does not say who, but rather what, could constitute an order or finding by a judicial officer, court, board, commission, or other adjudicative body. Not a finding by a lawfully elected Judge or Jury of our peers, but a commission that is possibly appointed. Come on now, let our nation get back to rule of law instead of stuff like this poorly thought out legislation.

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TX
13
ssbrickman
TX-13
1 year ago

I oppose S. 480: NICS Reporting Improvement Act of 2013 because...you have no provisions for someone who may be slightly depressed and went on medication to take care of the depression. Under that Graham-Cornyn bill, virtually any "board, commission, or other adjudicative body" would have the ability to strip you of your gun rights. One of these so-called "authorities" could order an otherwise law-abiding individual to see a mental health counselor and strip them their gun rights for good. Let me put it another way: If your condition is "severe" enough that an hour of outpatient treatment a week is all you need -- you could become a "prohibited person" at the whim of some anti-gun bureaucrat. This isn't about being violent or unstable; this is about losing your rights because of something as simple as a stress-induced visit to a therapist. According to the National Institute of Health, nearly half of all Americans will suffer from a "mental health" issue at some point in their life. This is just a ploy to remove our guns.

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MA
6
FrankH
MA-6
1 year ago

I oppose S. 480: NICS Reporting Improvement Act of 2013 because... Nowhere in this bill is there any mention of PROBABLE CAUSE as defined in legal circles. These adjudications are going to be randomly assigned by who... Medical staff without consent of a judge? I do not recall seeing where a doctor, or any other medical type person has the authority to "ADJUDICATE" anything. They can give medical opinions that when reviewed by a judge could lead to an adjudication. Otherwise it is a medical OPINION. And why do doctors PRACTICE medicine? So they can do something over and over until they get it right. Leave adjudication to the adjudicators... JUDGES, and keep your hands off the RIGHTS of citizens. If you want gun control go after the CRIMINAL element. Enact severe penalties to ALL crimes committed where the mere PRESENCE of a firearm by a bad guy is present. Make the penalty even MORE severe if the firearm is used in the commission of a crime. Two levels of punishment... Severe if a bad guy is in possession of a gun during the commission of a crime and MORE severe if the bad guy uses the gun in the commission of that crime... NO EXCEPTIONS!

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TN
8
Gary_at_Poverty_Knob
TN-8
1 year ago

Bill Summary

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.

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