SB509 SFA #1 Trump 3-25

Dellinger  7965

Senator Trump moved to amend the bill on page four, section three-a, line four, by striking out the words “federal or”;

And,

On page four, section three-a, line five, after the word “possession.” by adding the following: Furthermore, while it is clear that it is the government of the United States, and not the government of West Virginia, which has the authority under 18 U. S. C. 922 (g) (4) to determine whether a person has been “committed to a mental institution,” the legislature notes that “federal courts often look to state law to help determine whether a commitment has occurred.” United States v. Vertz, 40 F. App’x 69 (6th Cir. 2002). Under such principles of interpretation, it is the intent of the legislature to make clear that in circumstances under which there is an order finding that a person’s involuntarily hospitalization was necessitated and ordered as a result of a physical condition or disorder, the legislature does not deem this to be a “commitment,” under state law, and the legislature’s determination that such an involuntary hospitalization is not a “commitment” should be viewed by the government of the United States as consistent with the provisions of the amendments to the NICS Improvement Amendments Act of 2007, Public Law 110-180, Tit. I, Sec. 101(c)(1), 121 Stat. 2559, 2562-63 (2008).

Adopted

Rejected