(2) and (3) or a court of competent jurisdiction to determine whether such person is a danger to self or others. (B) If such person does not specify a forum, the Federal Government shall choose the forum. (C) In such assessment, the board may consider the person’s honorable discharge or decoration and other mitigating factors reasonably bearing on whether such person is a danger to self or others. (2) Not later than 120 days after the date of enactment of this section, the Secretary shall designate or establish a board that shall, upon request of a person under subsection (a), make a determination after both parties have presented their case as to whether a person is a danger to self or others. (3) The board shall consist of three individuals, who shall either be retired Federal or State judges in good standing or administrative law judges appointed under section 3105 of title 5, United States Code, in good standing, for a term of two years each and a majority decision shall control. (4) A determination by the board designated or established under paragraph (2) or by a court of competent jurisdiction that a person does not meet the standard under subsection (f) shall preclude the Secretary from reporting such person to the National Instant Criminal Background Check System for the purpose of prohibiting the acquisition, receipt, transfer, shipment, transportation, or possession of firearms or ammunition. (5) (A) Not later than 90 days after the date on which the person or Federal Government chooses the administrative review process, the board shall make a determination. (B) If the board does not make a determination within the required 90-day period, the Secretary shall not report the person to the National Instant Criminal Background Check System for the purpose of prohibiting the acquisition, receipt, transfer, shipment, transportation, or possession of firearms or ammunition. (e) Judicial review (1) Not later than 45 days after the date on which an assessment of a person under subsection (d) is made, such