The Indiana House had a busy 2009 session and among the new laws passed and signed by the Governor was House Enrolled Act 1428. HEA 1428 set standards for the Division of State Court Administration, and subsequently JTAC, to electronically capture information about certain individuals who are subject to mental health commitment orders. That data is to be transmitted to the FBI’s National Instant Criminal Background Check System (NICS). This new law took effect on July 1, 2009.
HEA 1428 states in part:
Requires the division of state court administration to establish and administer an electronic system for: (1) receiving information that relates to certain individuals who may be prohibited from possessing a firearm; and (2) transmitting this information to the Federal Bureau of Investigation for inclusion in the federal National Instant Criminal Background Check System (NICS). Provides that, if a court makes an adjudication or a finding concerning a person’s mental health that may disqualify the person from possessing a firearm, the court shall transmit certain information concerning the finding or adjudication to the division of state court administration for transmittal to NICS. Establishes a procedure by which a person who has been released from commitment or who has completed treatment may have the person’s disqualification to possess a firearm removed.
Technology moves fast, but it takes some time to put together a whole new application for collecting and transmitting data. JTAC’s development team is working hard to create an INcite application similar to the Protection Order Registry to help trial court staff easily maintain the data required by HEA 1428. The new application should be available in the next couple of weeks.
