PlayLoud
Bugle in G
Hello everybody,
I have been thinking of purchasing my first firearm sometime in 2009, and I while reading up on the subject, I came across the (H.R. 2640) NICS Improvement Amendments Act of 2007.
After reading a lot of discussion on the matter, there are those who say that having been diagnosed with A.D.D (Attention Deficit Disorder), would place you on the prohibited list, and such a person would not be able to purchase a firearm. As somebody who was diagnosed with A.D.D. back in 1994 (and took medication until about the year 2000), I would fall under such a category.
However, others have said that one must be adjudicated as mentally defective, as defined by...
(1) A determination 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:
While this definition would suggest that a person with A.D.D. would be eligible to purchase a firearm, the term "other lawful authority" is quite vague, and some have suggested that the simple diagnosis of A.D.D. through the IDEA (Individuals with Disabilities Education Act) program would be enough to prohibit such a person. I don't remember if I was involved with such a program when I was diagnosed. I was a sophomore in High School, and diagnosed at UCLA on recommendations by the school shrink, I wasn't in any special ed classes (and no, I didn't ride on the short bus), but I did get to take my SATs in an un-timed manner.
It appears this bill became law in 8 Jan 2008. As a new member of this forum, I haven't been around to stay up to date on the effect of new laws. However,I tried to search for every term I could think of, but couldn't find the answer I am looking for.
I am wondering how this has worked in practice during the past year. Have people been denied their right to purchase a firearm due to some old diagnosis for something extremely minor, and irrelevant to firearm possession?
I have been thinking of purchasing my first firearm sometime in 2009, and I while reading up on the subject, I came across the (H.R. 2640) NICS Improvement Amendments Act of 2007.
After reading a lot of discussion on the matter, there are those who say that having been diagnosed with A.D.D (Attention Deficit Disorder), would place you on the prohibited list, and such a person would not be able to purchase a firearm. As somebody who was diagnosed with A.D.D. back in 1994 (and took medication until about the year 2000), I would fall under such a category.
However, others have said that one must be adjudicated as mentally defective, as defined by...
(1) A determination 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.
- A finding of insanity by a court in a criminal case; and
- Those persons found incompetent to stand trial or found not guilty by reason of lack of mental responsibility pursuant to articles 50a and 72b of the Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.
While this definition would suggest that a person with A.D.D. would be eligible to purchase a firearm, the term "other lawful authority" is quite vague, and some have suggested that the simple diagnosis of A.D.D. through the IDEA (Individuals with Disabilities Education Act) program would be enough to prohibit such a person. I don't remember if I was involved with such a program when I was diagnosed. I was a sophomore in High School, and diagnosed at UCLA on recommendations by the school shrink, I wasn't in any special ed classes (and no, I didn't ride on the short bus), but I did get to take my SATs in an un-timed manner.
It appears this bill became law in 8 Jan 2008. As a new member of this forum, I haven't been around to stay up to date on the effect of new laws. However,I tried to search for every term I could think of, but couldn't find the answer I am looking for.
I am wondering how this has worked in practice during the past year. Have people been denied their right to purchase a firearm due to some old diagnosis for something extremely minor, and irrelevant to firearm possession?