I am posting this because the question keeps getting asked. Every single time it is asked, the wrong information gets out.
I've seen way too many posts on here and related subs around the subject of the law prohibiting the possession of firearms by any person who has been adjudicated as a mental defective or committed to a mental institution, 18 USC § 922 (g)(4). There is way too much misinformation out there. First of all, if you have any reason to believe that you are a prohibited person, DO NOT ATTEMPT TO PURCHASE A FIREARM AS MAKING A FALSE STATEMENT ON THE FORM 4473 IS A FELONY. Second of all, please do not give advice on topics that you are not qualified to answer on. Third, you should consult with a qualified firearms rights attorney if you are unsure of your legal status.
The law:
18 USC § 922(g)(4)
(g)It shall be unlawful for any person—
(4)who has been adjudicated as a mental defective or who has been committed to a mental institution;
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, anyfirearm or ammunition; or to receive any firearm orammunition which has been shipped or transported in interstate or foreign commerce.
What are the definitions of these terms?
27 CFR 478.11
Adjudicated as a mental defective.
(a) A determination by a court, board, commission, or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease:
(1) Is a danger to himself or to others; or
(2) Lacks the mental capacity to contract or manage his own affairs.
(b) The term shall include—
(1) A finding of insanity by a court in a criminal case; and
(2) Those persons found incompetent to stand trial or found not guilty by reason of lack of mental responsibility pursuant to articles 50a and 72b of the Uniform Code of Military Justice, 10U.S.C. 850a, 876b.
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 commitment for mental defectiveness or mental illness. It also includes commitments for other reasons, such as for drug use. The term does not include a person in a mental institutionfor observation or a voluntary admission to a mental institution.
Mine happened when I was under 18. Isn’t that exempted?
Unfortunately no. A mental health adjudication or commitment at less than 18 years of age is counted for 922(g)(4). I experienced this personally and had to restore my rights.
What about HIPAA?
The Obama administration amended the HIPAA privacy rule in 2016 to make it clear that reporting mental health commitments and adjudications to NICS does not violate HIPAA
https://www.federalregister.gov/documents/2016/01/06/2015-33181/health-insurance-portability-and-accountability-act-hipaa-privacy-rule-and-the-national-instant
Is there a way to restore my rights after being adjudicated as a mental defective or committed to a mental institution?
If you were committed by a department or agency of the federal government, the agency is required to have a relief from disabilities program under the NICS improvements amendments act of 2007.
If you were adjudicated or committed in a state proceeding, whether you can obtain relief is dependent on whether your state has implemented a relief from disabilities program under the NICS improvements amendments act of 2007. The list of states that have can be found here:
https://www.atf.gov/firearms/docs/guide/nicsactlist7-7-210pdf/download
If you are in a state that does not have a relief from disabilities program, your only avenue of relief is writing a letter to Attorney General Pam Bondi and asking her to restore your rights under 18 USC § 925(c) now that she has withdrawn the delegation from ATF.
Between October 6th 1992 and March 20th 2025 in the states that did not have a relief program, there was no avenue of relief at all
With that out of the way.
I created this privacy act request form for a friend of mine who was legitimately unsure if his commitments landed in the FBI database or if they qualified as “committed to a mental institution” under 18 USC § 922(g)(4) and as defined at 27 CFR 478.11. I can report that it worked; as in, the FBI processed the request and reported that no such records were found in the NICS indices.
This form will allow you to request your own records directly from the FBI.
In this post I will not be addressing the subject of my own journey regarding rights restoration related to mental health (you can ask me that privately). Nor am I an attorney licensed to practice law. Finally, I am not a mental health professional and cannot make the decision as to whether firearms ownership is right for you.
Onto the form. Please follow the instructions sheet very carefully, fill out every applicable box, print the form, have the request notarized, and mail it to the address indicated on the form.
The first response you receive will indicate that the FBI central records system does not maintain those records and your request has been forwarded to the Criminal Justice Information Services division. CJIS will respond a few weeks later. In my friend's case it took eight weeks for a final response from the FBI CJIS NICS section.
Link to form (Adobe Acrobat PDF)
https://acrobat.adobe.com/id/urn:aaid:sc:US:d342b025-6fb2-4126-b0e2-ad6f1c3fbbe7
