Therefore, unless state legislation prohibits sharing mental health information, the NICS Index would be the applicable location for agencies to share this type of information. Civil cases would not be available on the III and would qualify for entry into the NICS Index.

If this information is not made available on the III, it would qualify for entry into the NICS Index. Criminal cases with “Not Guilty by Reason of Insanity” qualify for entry to the III. There are no exemptions in 42 U.S.C.290dd-2 to share this data for NICS Index entries.Īdjudicated Mental Health Persons adjudicated as a mental defective or involuntarily committed to a mental institution for treatment are entered into the NICS Index. Alcohol and drug abuse records described in 42 U.S.C.290dd-2 may not be disclosed unless authorized in accordance with 42 U.S.C. IC 16-39-1-9 Alcohol and drug abuse records Sec. Criminal arrests and convictions pertaining to controlled substances are entered into NCIC and III via IDACS.

Since this is a temporary prohibition (one year), an expiration date is established in the NICS Index. Entry into the NICS Index for this prohibition is due to the need for specific information not typically available in the III (such as an incident/arrest report showing drug test results). To qualify for NICS Index entry under this prohibition, proof must be established that the substance was a controlled substance (positive drug test or self-admitted use). Unlawful User/Addicted to a Controlled Substance Persons who are unlawful users of or addicted to any controlled substance are potential candidates for the NICS Index. Per Indiana Code 10-13-3-35 All information concerning fugitives charged with a crime, including information concerning extradition is entered into NCIC via IDACS. Therefore, there may be few or no entries in this category. All warrants should be entered in the NCIC, but when the NCIC requirements are not met, entry in the NICS Index is an alternative. This is a temporary prohibition, which may result in a low number or no entries in this category.įugitive from Justice Persons who are fugitives from justice include active misdemeanor or felony criminal warrants. Under Indictment/Information Persons under indictment or information for a crime punishable by imprisonment for a term exceeding one year, may be entered into the NICS Index with an expiration date. A NICS Index entry should be used only when the information available does not qualify for III entry, such as when fingerprints are not captured at the time of the arrest.

Gun Serial Number Check Indiana Felony Persons who have been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the laws of the state as a misdemeanor and is punishable by imprisonment for a term exceeding two years, should be submitted to the III for criminal history update with the level of conviction.

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