DATES: The final regulations are effective on August 26, 1997.
Avenue, NW., Washington, DC 20226 (202-927-8230).
amending the Gun Control Act of 1968 (GCA), as amended (18 U.S.C.
cease to apply on November 30, 1998.
contact before transferring any firearm to nonlicensed individuals.
(7) Having been a citizen of the United States, has renounced U.S.
transported in interstate or foreign commerce.
for whom receipt of a firearm would be in violation of the law.
fugitives are needed from State and Federal law enforcement agencies.
regulations as clearly as possible.
in a separate rulemaking proceeding.
The comment period for Notice No. 839 closed on December 5, 1996.
comments were submitted on behalf of State agencies.
person has fled the jurisdiction.
the comments received concerning the proposed definition.
person is in the military.
rule amends the definition accordingly.
because it is made by a prosecuting attorney rather than a grand jury.
The definition would not cover a mere criminal complaint.
imprisonment exceeding 1 year, would fall within the definition.
who leaves the State of prosecution.
authority, absents himself or herself to avoid a military prosecution.
the person, knowing that charges are pending, leaves military control.
enforcement of the GCA, DOD's proposed definition could not be adopted.
regulation cannot eliminate elements required by the statute.
definition as an example of unlawful drug user.
discharge based on drug use or drug rehabilitation failure.
proposed amendment into the final regulations.
admission to a mental institution.
require a court finding of insanity.
Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.
ATF is adopting the suggested change into the final regulations.
his or her own affairs.
not he or she has left the United States.
ATF is adopting INS' proposed definition into the final regulations.
would fall within the definition.
other discharge, e.g., a bad conduct discharge or a dismissal.
conditions.'' The Omnibus Crime and Safe Streets Act of 1968, Pub. L.
a bad conduct discharge or a dismissal.
DOD was the only commenter to address ATF's proposed definition.
As proposed in Notice No. 839, the term ``renounced U.S.
Renounced U.S. citizenship. A person has renounced his U.S.
the United States is in a state of war.
resulting from a felony conviction that has been reversed on appeal.
was addressed by the Supreme Court in Dickerson v. New Banner, 460 U.S.
continues to have firearms disabilities.
8 U.S.C. 1481(a)(6), to paragraph (b).
Massachusetts Avenue, NW., Washington, DC.
Branch, Bureau of Alcohol, Tobacco and Firearms.
Seizures and forfeitures, and Transportation.
``controlled substance,'' ``mental institution,'' ``renounced U.S.
Sec. 178.11  Meaning of terms.
she has left the United States.
Discharged under dishonorable conditions. Separation from the U.S.
e.g., a bad conduct discharge.
leaves the State to avoid giving testimony in any criminal proceeding.
it is made by a prosecuting attorney and not a grand jury.
or mental illness, including a psychiatric ward in a general hospital.
Renounced U.S. citizenship. (a) A person has renounced his U.S.
United States is in a state of war pursuant to 8 U.S.C. 1481(a)(6).
has been reversed as a result of administrative or judicial appeal.
receipt of firearms and ammunition by certain persons.
Deputy Assistant Secretary, (Regulatory, Tariff and Trade Enforcement).