Montana State Legislature

National Instant Criminal Background Check System (NICS) and Mental Health

The LJIC chose to study mental health, federal gun ownership laws, and the National Instant Criminal Background Check System (NICS) during the 2013-2014 interim. Members first heard about the topics at its July 2013 organizational meeting, including that Montana does not report certain records relating to mental health and involuntary commitment to the NICS nor does it have an appeal and restoration process for people who have previously been denied firearms for reasons relating to mental health. In September, the LJIC agreed to study three interrelated topics: privacy protections for those with a mental illness, gun ownership issues for those judged to be ineligible to own firearms under federal law (including how to restore rights when the person is no longer affected), and federal funding for law enforcement. Materials on this page are related to this committee issue.

Presentation Materials

September 2013

Presentation slides -- Jon Bennion, Montana Department of Justice

February 2014

Presentation slides -- Sherre Baker, FBI
NICS Index brochure -- Shere Baker
NICS mental health benchcard -- Sherre Baker
Minimum criteria for state relief from disabilities programs -- Sherre Baker
States with certified relief from disabilities statutes -- Sherre Baker
Presentation slides -- Jeanne Miller, ATF
Testimony -- Beth Brenneman, Disability Rights Montana

April 2014

Background Paper: States with ATF Approved Relief from Disabilities Programs
Relief examples from other states