Nebraska Registration for Committed Persons
Under LB 1055 (1997) The Department of Health and Human Services is required to maintain in the data base a listing of persons committed to treatment pursuant to section 29-3702. The clerks of the various courts shall furnish to the Department of Health and Human Services, within thirty days after the order of commitment or finding and the discharge, all information necessary to set up and maintain the data base required by this section. A reporting form is available in MS Word or in PDF format [November 2011] has been created to facilitate this reporting. Information submitted is further reported to the Nebraska State Patrol under authority LB 1055 and thence to the FBI's National Instant Criminal Background Check System (CNICS) 18 U.S. C. Section 922 (g)(4) as defined at 17 CFR 478.11.
The 2011 Unicameral added provisions for the simultaneous reporting of commitment board actions to both the Nebraska Department of Health and Human Services and Nebraska State Patrol. The agencies are working to institute a web based reporting system, but until that web based system is operational, clerks of the courts should continue to report using the paper based system directly to the Department of Health and Human Services. The Nebraska State Patrol and Department of Health and Human Services have entered into an interagency agreement to continue the reporting process of the paper based system until the web based system is operational. Check back to this page for additional information.
Also, the legislature added provision for the relief of firearm disability. A committed individual may petition the mental health board for removal of the individuals' firearm disability. If the mental health board grants the petition the form is to be submitted. The form has been amended to incorporate notification of the board actions to relieve firearm disability. The individual must petition all boards in which the individual has a commitment and all boards must approve the relief of firearm disability before the individual will be removed from the list of restricted persons.
Reporting of Order of Commitment form: See http://dhhs.ne.gov/behavioral_health/Pages/Beh_commit_commit.aspx
Scroll down to Clerks Commitment Reporting.
69-2409.01. Data base; created; disclosure; limitation; liability; prohibited act; violation; penalty.
(1) For purposes of sections 69-2401 to 69-2425, the Nebraska State Patrol shall be furnished with only such information as may be necessary for the sole purpose of determining whether an individual is disqualified from purchasing or possessing a handgun pursuant to state law or is subject to the disability provisions of 18 U.S.C. 922(d)(4) and (g)(4). Such information shall be furnished by the Department of Health and Human Services. The clerks of the various courts shall furnish to the Department of Health and Human Services and Nebraska State Patrol, as soon as practicable but within thirty days after an order of commitment or discharge is issued or after removal of firearm-related disabilities pursuant to section 71-963, all information necessary to set up and maintain the data base required by this section. This information shall include (a) information regarding those persons who are currently receiving mental health treatment pursuant to a commitment order of a mental health board or who have been discharged, (b) information regarding those persons who have been committed to treatment pursuant to section 29-3702, and (c) information regarding those persons who have had firearm-related disabilities removed pursuant to section 71-963. The mental health board shall notify the Department of Health and Human Services and the Nebraska State Patrol when such disabilities have been removed. The Department of Health and Human Services shall also maintain in the data base a listing of persons committed to treatment pursuant to section 29-3702. To ensure the accuracy of the data base, any information maintained or disclosed under this subsection shall be updated, corrected, modified, or removed, as appropriate, and as soon as practicable, from any data base that the state or federal government maintains and makes available to the National Instant Criminal Background Check System. The procedures for furnishing the information shall guarantee that no information is released beyond what is necessary for purposes of this section.
(2) In order to comply with sections 69-2401
and this section, the Nebraska State Patrol shall provide to the chief of police or sheriff of an applicant's place of residence or a licensee in the process of a criminal history record check pursuant to section 69-2411
only the information regarding whether or not the applicant is disqualified from purchasing or possessing a handgun.
(3) Any person, agency, or mental health board participating in good faith in the reporting or disclosure of records and communications under this section is immune from any liability, civil, criminal, or otherwise, that might result by reason of the action.
(4) Any person who intentionally causes the Nebraska State Patrol to request information pursuant to this section without reasonable belief that the named individual has submitted a written application under section 69-2404
or has completed a consent form under section 69-2410
shall be guilty of a Class II misdemeanor in addition to other civil or criminal liability under state or federal law.
Source: Laws 1996, LB 1055, § 1; Laws 1997, LB 307, § 112; Laws 2011, LB512, § 3.