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. The Electronic Commitment Reporting Application (ECRA) has been created to facilitate this reporting.  Information submitted is simultaneiously 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.

In 2011 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 an update to records in the ECRA database are made by clerks.  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.  Individuals may request a list of boards that have taken action on the individuals behalf from the Department of Health and Human Services using the form found at: http://dhhs.ne.gov/behavioral_health/Pages/FirearmRestoration.aspx .

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 69-2403 to 69-2408 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.
    This page last updated 1-10-2012

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 Division of Behavioral Health Home Page

Nebraska Mental Health Commitment Act Reference Manual page