ATF Definition: Committed to a Mental Institution

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 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.

EXCEPTION NICS Improvement Amendments Act of 2007:  A person who has been adjudicated as a mental defective or committed to a mental institution in a state proceeding is not prohibited by the adjudication or commitment if the person has been granted relief by the adjudicating/committing state pursuant to a qualifying mental health relief from disabilities program.  Also a person who has been adjudicated as a mental defective or committed to a mental institution by a department or agency of the Federal Government is not prohibited by the adjudication or commitment if either: (a) the person's adjudication or commitment was set-aside or expunged by the adjudicating/committing agency; (b) the person has been fully released or discharged from all mandatory treatment, supervision, or monitoring by the agency; (c) the person was found by the agency to no longer suffer from the mental health condition that served as the basis of the initial adjudication/commitment; or (d) the adjudication or commitment, respectively is based solely on a medical finding of disability, without an opportunity for a hearing by a court, board, commission, or other lawful authority, and the person has not been adjudicated as a mental defective consistent with section 922(g)(4) of title 18, United States Code; or (e) the person was granted relief from the adjudicating/committing agency pursuant to a qualified mental health relief from disabilities program.   Persons who fall within one of the above exceptions should mark "no" in the applicable box.  This exception to an adjudication or commitment by a Federal department or agency does not apply to any person who was adjudicated to be not guilty by reason of insanity, or based on a lack of mental responsibility or found incompetent to stand trial, in any criminal case or under the Uniform Code of Military Justice.

Excerpt taken from the ATF 5320.1 - ATF Form 1

Other NFA Gun Trust and ATF Related Blog Posts

  • .EFT File Error -  'T1_ORI' 1.8.1.1
    .EFT File Error - 'T1_ORI' 1.8.1.1

    If you are receiving - Code: 1013 | Description: Illegal characters found: " " in Field 'T1_ORI' 1.8.1.1, you will need to have the .EFT File corrected. If you have an .EFT File editor, you can edi...

  • ATF eForm's Site is Down - December 16th
    ATF eForm's Site is Down - December 16th

    As of December 16th, the ATF's eForm site is down for an unknown reason or amount of time.  The ATF's eForm site is normally down for maintenance on Wednesday's.  This issue is outside of the norma...

  • ATF Distribution Center Now Has Updated Form 4's, Form 5's, etc
    ATF Distribution Center Now Has Updated Form 4's, Form 5's, etc

    The ATF updated the ATF Application forms early this year [February 2024] which included the ATF Form 1, ATF Form 4, and the ATF Form 5. Since the revision took place in February, the ATF Distribut...