A question on medical back ground checks

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cprems
Senior Member
Posts: 231
Joined: Fri Apr 05, 2013 2:07 am

A question on medical back ground checks

Post by cprems »

How does DPS do a search for your medical records?

Are they looking for Court adjudicated commitments?

I am just curious as to how one would search them?

Are they electronically stored in a huge data base?

I was also researching "old" archived online applications and it stated that you only had to report the past 5 years? I didn't see anywhere that this had changed. Has it?

Appreciate any input you can share.
04/01/2013 - Online application
06/22/2013 - Plastic in hand
75 days - mailbox to mailbox
03/17 - renewal - 42 days plastic in hand
MamaK
Member
Posts: 89
Joined: Wed Apr 17, 2013 6:57 pm

Re: A question on medical back ground checks

Post by MamaK »

Here's what NCIC has to say (which is where your prints are sent to.) http://bjs.gov/index.cfm?ty=tp&tid=49" onclick="window.open(this.href);return false;

"Does the NICS maintain a database of medical records or information on an individual's mental health condition, diagnosis, or treatment?
No. The NICS does not maintain a database of medical records or information on mental health diagnoses or treatment plans. When a record of a person prohibited from possessing a firearm as a result of mental health issues (i.e., a person who has been involuntarily committed to a mental institution or adjudicated a “mental defective” by a court, board, or other lawful authority) is entered in the NICS Index, the entry contains only a name, other biographic identifiers, like date of birth, and codes for the submitting entity and prohibited category. The NICS Index does not contain medical records or medical information. "

Why is it important to have information about mental health adjudications or commitments in a national database?
When information about such adjudications and commitments is provided to the NICS, the FBI can deny firearm transfers to persons with disqualifying mental health histories, both in the state where the record was created and in other states to which the individual may have subsequently moved.

What provisions are made to ensure the privacy of the information identifying persons with disqualifying mental health adjudications or commitments?
The information in the NICS is subject to the Privacy Act and the privacy of the information is protected in a number of ways. The only responses provided by the NICS to a request for a NICS check is "Proceed," "Denied" or "Delayed.” In cases of a "Denied" response, neither the general prohibiting category nor information about the specific event that places an individual in that prohibited category is provided to the FFL. The individual, however, is able to request information about the reason for the denial from the FBI, and can appeal the denial and seek to correct incomplete or inaccurate information in the system upon which the denial is based.


In addition, as noted above, the information identifying mental health adjudications or commitments contributed by federal and state agencies is maintained in the NICS Index. The regulations governing the NICS limits the use of the NICS Index to: (1) checks under the Brady Act by FFLs of proposed firearms transferees; (2) checks by federal, state, or local criminal justice agencies in connection with the issuance of a firearms-related or explosives-related license or permit; and (3) requests by ATF in connection with civil or criminal law enforcement relating to the federal Gun Control Act (18 U.S.C. Chapter 44) or National Firearms Act (26 U.S.C. Chapter 53). Checks of the NICS Index for general law enforcement purposes are not permitted under the regulations. See 28 CFR. 25.6(j).
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