Expert: Robert P. Firriolo - 12/21/2008

Question
What is the proper definition "Anyone who has been adjudicated as a mental defective or has been committed to a mental institution."? Does a 72 hour hold in the facility constitute committed? Ok, In Massachusetts my mother signed paperwork to have me evaluated in a mental institution because she thought I was suicidal that was on a Friday afternoon held over the weekend; on Monday morning I spoke with the psychiatrist and minutes later was release.
I don't recall all of the details but I was not ordered to go and get further treatment.
This incident happened 13 years ago, I went to a local gun store and tried to purchase a gun and was denied. Apparently my name and social security number was on the NICS system, supposedly that I was mentally ill, but this information was entered and reported by a different State from where the incident happened. The name that came up with a middle name which I don’t have, and I have had issues with this name in California before in the past. I have never lived in California.

Answer
Here are the relevant regulations which define the terms of interest to you:



27 CFR 178.11 Adjudicated a mental defective

(a) 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:
(1) is a danger to himself or others; or
(2) Lacks the mental capacity to manage his own affairs.

(b) The term shall include –
(1) a finding of insanity by a court in a criminal case; and
(2) 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, 876(b).

27 CFR 178.11 Committed to a mental institution

A formal commitment of a person to a mental institution by a court, board, commission, or other lawful authority. The term includes a commitment to a mental institution involuntarily. The term includes a commitment for mental defectiveness or mental illness. It also includes commitments for other reasons, such as for drug use. The term
does not include a person in a mental institution for observation or a voluntary admission to a mental institution.

27 CFR 178.11 Mental institution

Includes mental health facilities, mental hospitals, sanitariums, psychiatric facilities, and other facilities that provide diagnoses by licensed professionals of mental retardation or mental illness, including a psychiatric ward in a general hospital.

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As you can see, commitment does not include a person in a mental institution for observation. You will have to look into the details of your placement in the institution to see whether it falls within the definition of commitment.

You can call the FBI NICS Information Service Center and try to resolve any error you may believe there is in your records: 1-877-444-NICS (6427). Good luck.