IANAL. This is my layman's take on the bill. It provides for both an administrative and a legal process to review a determination of mental incompetency. An individual who has been labeled mentally incompetent by a government agency has recourse to both an administrative review and a judicial review of that determination. Veterans who have already been labeled as mentally incompetent by the VA and entered into NICS would have recourse to both reviews to attempt to overcome the determination.
A veteran who is capable of handling their own finances but delegates that authority to someone else cannot be found mentally incompetent for the purposes of obtaining a firearm. (This shoots down one of the VA's favorite tactics for disarming veterans.)
NICS checks will now apply to all sales at gun shows or events, and the checks will take precedence over "normal" checks occurring at the same time (at a gun store, for example.) The FBI cannot charge a fee for those checks.
A CHL will suffice for the NICS check.
180 days after the bill is signed, ALL firearms transfers between private parties will require the use of an FFL EXCEPT for intrastate sales. BUT, the state has to certify that they have similar requirements in place for those private sales. HOWEVER, sales between family members up to and including first cousins do not require a NICS check.
The government is prohibited from keeping a database of the transactions affected by this bill.
Unless I'm reading it wrong, the bill destroys New York's ability to arrest travelers when they check in weapons at the airport of if they are driving through New York to some place where they can legally possess the weapons and ammunition.
It establishes a national commission to study the causes of mass violence, including incidents that do not involve firearms and charges it specifically to look at firearms, mental health, school safety and mass media in relation to mass violence.
(2) MATTERS TO BE STUDIED.-In determining the root causes of these recurring and tragic acts of mass violence, the Commission shall study any matter that the Commission determines relevant to meeting the requirements of paragraph (1), including at a minimum-
(A) the role of schools, including the level of involvement and awareness of teachers and school administrators in the lives of their students and the availability of mental health and other resources and strategies to help detect and counter tendencies of students towards mass violence;
(B) the effectiveness of and resources available for school security strategies to prevent incidents of mass violence;
(C) the role of families and the availability of mental health and other resources and strategies to help families detect and counter tendencies toward mass violence;
(D) the effectiveness and use of, and resources available to, the mental health system in understanding, detecting, and countering tendencies toward mass violence, as well as the effects of treatments and therapies;
(E) whether medical doctors and other mental health professionals have the ability, without negative legal or professional consequences, to notify law enforcement officials when a patient is a danger to himself or others;
(F) the nature and impact of the alienation of the perpetrators of such incidents of mass violence from their schools, families, peer groups, and places of work;
(G) the role that domestic violence plays in causing incidents of mass violence;
(H) the effect of depictions of mass violence in the media, and any impact of such depictions on incidents of mass violence;
(I) the availability and nature of firearms, including the means of acquiring such firearms, and all positive and negative impacts of such availability and nature on incidents of mass violence or in preventing mass violence;
(J) the role of current prosecution rates in contributing to the availability of weapons that are used in mass violence;
(K) the availability of information regarding the construction of weapons, including explosive devices, and any impact of such information on such incidents of mass violence;
(L) the views of law enforcement officials, religious leaders, mental health experts, and other relevant officials on the root causes and prevention of mass violence;
(M) incidents in which firearms were used to stop mass violence; and
(N) any other area that the Commission determines contributes to the causes of mass violence.
(3) TESTIMONY OF VICTIMS AND SURVIVORS.-In determining the root causes of these recurring and tragic incidents of mass violence, the Commission shall, in accordance with section 144(a), take the testimony of victims and survivors to learn and memorialize their views and experiences regarding such incidents of mass violence.
(b) Recommendations.-Based on the findings of the study required under subsection (a), the Commission shall make recommendations to the President and Congress to address the causes of these recurring and tragic incidents of mass violence and to reduce such incidents of mass violence.
All in all, this looks to me like a very good bill that does not impose any additional requirements on firearms transfers with the exception of the intrastate requirement for the state to certify that it has a way to vet such transfers.
"(B) the transfer is made between an unlicensed transferor and an unlicensed transferee residing in the same State, which takes place in such State, if-
"(i) the Attorney General certifies that State in which the transfer takes place has in effect requirements under law that are generally equivalent to the requirements of this section; and
"(ii) the transfer was conducted in compliance with the laws of the State;
I'm not completely sure what this means, but it appears that the state would have to have a NICS like system in place for intrastate sales or require that all transfers take place between CHL holders. Maybe one of the legal eagles can sort that out for us.