Administration proposes 'clarification' on gun bans for mentally ill

WASHINGTON, Jan. 3 (UPI) -- U.S. Attorney General Eric Holder proposed a federal regulation Friday to clarify who is covered by statutory bans on owning guns for "mental health reasons."

Holder said in a Justice Department news release the proposal is "an important, commonsense step to clarify the federal firearms regulations, which will strengthen our ability to keep dangerous weapons out of the wrong hands."

The release said the proposed regulation "will clarify who, due to mental health reasons, is prohibited under federal law from receiving, possessing, shipping or transporting firearms. In addition to providing general guidance on the federal law, this clarification will help states determine what information may be appropriately shared with the federal background check system for firearms transfers -- the National Instant Criminal Background Check System -- in order to keep guns out of the hands of individuals who may be a danger to themselves or others."

Holder said the proposed regulation "will provide clear guidance" on the matter and help law enforcement and public safety officials "better protect the American people and ensure the safety of our homes and communities" while respecting Americans' constitutional rights.

The proposal calls for revising the definition of the statutory terms "adjudicated as a mental defective" and "committed to a mental institution," to include those who are found incompetent to stand trial or not guilty by reason of mental disease or defect; those lacking mental responsibility or deemed insane; and those found guilty but mentally ill in federal, state, local and military courts.

The White House also announced the Department of Health and Human Services is issuing a proposed regulation to "address barriers preventing states from submitting limited information on those persons to the federal background check system."

"Too many Americans have been severely injured or lost their lives as a result of gun violence," the White House said in a statement. "While the vast majority of Americans who experience a mental illness are not violent, in some cases when persons with a mental illness do not receive the treatment they need, the result can be tragedies such as homicide or suicide. "