Posted on January 1, 2012
Federal law prohibits any person from selling or otherwise transferring a firearm or ammunition to any person who has been “adjudicated as a mental defective” or “committed to any mental institution.”1 No federal law requires states to report the identities of these individuals to the National Instant Criminal Background Check System (NICS) database, which the FBI uses to perform background checks prior to firearm transfers.
There is no law in Utah requiring the reporting of mental health information to NICS.
Every magistrate or court clerk responsible for court records shall, within 30 days of a disposition, furnish the Criminal Investigations and Technical Services Division within the Department of Public Safety with certain records, including information pertaining to any:
- Judgment of not guilty by reason of insanity, or finding of mental incompetence to stand trial for a felony or a violation of Utah Code Ann. Title 76, Chapter 5 (Offenses Against the Person) or Chapter 10, Part 5 (Weapons);
- Judgment of guilty but mentally ill; and
- Order of civil commitment of the mentally ill.2
See our Mental Health Reporting policy summary for a comprehensive discussion of this issue.