HR2640 - "Relief from Disabilities" in CA?

[frankrizzo]

Has anyone heard anything about California implementing a Relief from Disabilities program described by HR2640?

I was certified under 5250 about 12 years ago, and I would like to get my firearms rights restored. CA imposes a 5-year firearms prohibition which has obviously expired in my case, but the state decided at some point that the 14-day hold qualifies as being adjudicated as a mental defective under Federal law, and thus I am currently a prohibited person.

Before anyone asks, yes I had some problems at the time and I needed help. I got treatment and have had no issues, mental health or otherwise, in the 12 years since the episode.

Thanks.

[M. Sage]

The NICS Improvement Act would affect you, wouldn't it? IMO, you'd be covered under that, as it requires states to have a way to get people off the adjudicated list. It just passed, though, so you might have a bit more of a wait, but it shouldn't be years this time.

[frankrizzo]

The NICS Improvement Act would affect you, wouldn't it? IMO, you'd be covered under that, as it requires states to have a way to get people off the adjudicated list. It just passed, though, so you might have a bit more of a wait, but it shouldn't be years this time.

Yes and no. The way I read it, it requires any Federal authorities that perform adjudications (i.e. Dept. of Veterans Affairs) to set up relief programs within 120 days of enactment. However, state programs are not required. States basically have an option to set up the program, but they can only receive Federal grants for improving their record reporting if they do set up a relief program.

In other words, if CA wants Federal money to improve mental health records reporting to NICS, they need a relief program. If they don't want the money, they don't have to set up a relief program.

Maybe I'm reading it wrong, so if anyone can correct me on the interpretation, please do so. Obviously, it's an important matter to me so I have really poured over the text of the law.

The only thing I have seen is AB2696, introduced on 2/22/08 by Krekorian. It basically makes the improvements in reporting state mental health records to NICS as specified by HR2640/NICS Improvement Act, but it makes no mention of setting up a Relief from Disabilities program. Of course, another bill could be introduced, or AB2696 could always be amended to include the relief provisions.

Hence my question. I'm a newbie at watching for changes in firearm laws, so I hope some of the experienced guys in here have heard or seen something else.

On a related note, did you guys know that alcoholism can be used as a cause for certifying someone for 14 days of intensive treatment under WIC 5250? It literally means that if you drink too much and refuse treatment, you could become Federally prohibited for life as a mental defective. Just a crazy factoid that came up while I was reading up on the statutes.

[M. Sage]

I think you're reading it right, however maybe not reading it deeply enough.

When did any state, especially this one, turn down federal funds for any reason? I'd give 10-1 odds that they'll fall all over themselves to comply for that money.

[Blackwater OPS]

Call Trutanich - Michel on Monday, (562) 216-4444.

[frankrizzo]

I think you're reading it right, however maybe not reading it deeply enough.

When did any state, especially this one, turn down federal funds for any reason? I'd give 10-1 odds that they'll fall all over themselves to comply for that money.

That's what I'm pinning my hopes on. I just have doubts because of how horribly anti-gun CA is.

[frankrizzo]

Call Trutanich - Michel on Monday, (562) 216-4444.

I can't afford a lawyer or a court case at the moment, but I will call them and see if they can help. Thank you for the advice.