Ga. Comp. R. & Regs. R. 140-2-.17 - Brady Handgun Violence Prevention Act
Current through Rules and Regulations filed through April 4, 2022
(1) Effective November 1998, the Federal
Brady Law established a National Instant Criminal Background Check System
(NICS) that Federal Firearms Licensees (FFLs) must contact before transferring
any firearm to an unlicensed individual. GCIC has authority to provide criminal
history, wanted person and involuntary hospitalization records information to
the FBI in conjunction with the NICS and in accordance with the federal 'Brady
Handgun Violence Prevention Act'.
(2) GCIC records shall include information as
to whether a person has been involuntarily hospitalized. Notwithstanding any
other provisions of law, and in order to carry out O.C.G.A §
16-11-172,
GCIC shall be provided - in a manner agreed upon by the Probate Judges Training
Council and the Georgia Bureau of Investigation (GBI) - such information and no
other mental health information, to preserve the confidentiality of patient's
rights in all other respects, from the involuntary hospitalization records of
the probate courts concerning persons involuntarily hospitalized after March
22, 1995. Further, notwithstanding any other provisions of law and in order to
carry out the provisions of O.C.G.A. §
16-11-172,
GCIC shall be provided information as to whether a person has been adjudicated
mentally incompetent to stand trial or not guilty by reason of insanity at the
time of the crime, has been involuntarily hospitalized or both from the records
of the clerks of the superior courts concerning persons involuntarily
hospitalized after March 22, 1995, in a manner agreed upon by the Council of
Superior Court Clerks of Georgia and the GBI to preserve the confidentiality of
patient's rights in all other respects. Five years from the date that GCIC
receives a person's involuntary hospitalization information, the center shall
purge its records of such information as soon as practicable and, in any event,
within 30 days of the expiration of such five-year period.
Notes
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