State Codes and Statutes
Statutes > Alabama > Title22 > Title2 > 22-52-10_8Section 22-52-10.8
Order for involuntary commitment for inpatient treatment to be entered into Criminal Justice Information System and NICS; redaction of order upon removal of limitation to purchase firearm.
(a) When the judge of probate of a county enters an order for the involuntary commitment of a person pursuant to Section 22-52-10.1, and the order is for a final commitment for inpatient treatment to the Department of Mental Health and Mental Retardation or a Veterans' Administration Hospital, or as otherwise provided by law, and the order is based on evidence produced in open court from law enforcement personnel that the committed person has shown a history of the inappropriate use of firearms or poses a threat to use firearms inappropriately, the judge shall immediately forward the order to the Criminal Justice Information Center and the order shall be entered in the Criminal Justice Information System. The order shall be forwarded to the Criminal Justice Information Center in the manner as the Criminal Justice Information Center Commission shall provide. The Criminal Justice Information Center shall as soon as possible thereafter enter the order in the National Instant Criminal Background Check System (NICS) and the information shall be entered into the NICS Index Denied Persons File. The records maintained pursuant to this section shall only be used for purposes of determining eligibility to purchase or transfer a firearm. Information furnished shall not include confidential medical or treatment records, confidential tax or financial data, library records, or other personal information.
(b) When any individual who has been committed is released from commitment, the person may petition the judge of probate for a review of the person's mental capacity to purchase a firearm. After review, the judge of probate may enter an order finding that the person is not subject to a mental infirmity requiring a limitation on the purchase of a firearm. A copy of the order shall be forwarded to the Criminal Justice Information Center directing that the prior order be removed from the Criminal Justice Information System. Thereafter the Criminal Justice Information Center shall, as soon as possible, redact the prior order from the National Instant Criminal Background Check System (NICS) or shall request that said redaction be done.
(Act 2004-641, p. 1468, §2.)