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On Thu, 20 Jun 2013 16:52:32 -0400, "Eisboch" wrote: Who and what determines "unsound mind" ? 790.23; 4. Has been adjudicated mentally defective or has been committed to a mental institution by a court and as a result is prohibited by federal law from purchasing a firearm. a. As used in this subparagraph, “adjudicated mentally defective” means a determination by a court that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease, is a danger to himself or herself or to others or lacks the mental capacity to contract or manage his or her own affairs. The phrase includes a judicial finding of incapacity under s. 744.331(6)(a), an acquittal by reason of insanity of a person charged with a criminal offense, and a judicial finding that a criminal defendant is not competent to stand trial. ----------------------------------------- So how is this accomplished without benefit of a background check, the data of which may include pertinent information regarding the "mentally defective" nature of the buyer or transferee? |
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