§ 925. Exceptions: Relief from disabilities
(a)(1) The provisions of this chapter, except for
sections 922(d)(9) and 922(g)(9) and provisions re-
lating to firearms subject to the prohibitions of
section 922(p), shall not apply with respect to
the transportation, shipment, receipt, posses-
sion, or importation of any firearm or ammuni-
tion imported for, sold or shipped to, or issued
for the use of, the United States or any depart-
ment or agency thereof or any State or any de-
partment, agency, or political subdivision there-
of.
(2) The provisions of this chapter, except for
provisions relating to firearms subject to the
prohibitions of section 922(p), shall not apply
with respect to (A) the shipment or receipt of
firearms or ammunition when sold or issued by
the Secretary of the Army pursuant to section
4308 of title 10 before the repeal of such section
by section 1624(a) of the Corporation for the Pro-
motion of Rifle Practice and Firearms Safety
Act, and (B) the transportation of any such fire-
arm or ammunition carried out to enable a per-
son, who lawfully received such firearm or am-
munition from the Secretary of the Army, to en-
gage in military training or in competitions.
(3) Unless otherwise prohibited by this chap-
ter, except for provisions relating to firearms
subject to the prohibitions of section 922(p), or
any other Federal law, a licensed importer, li-
censed manufacturer, or licensed dealer may
ship to a member of the United States Armed
Forces on active duty outside the United States
or to clubs, recognized by the Department of De-
fense, whose entire membership is composed of
such members, and such members or clubs may
receive a firearm or ammunition determined by
the Attorney General to be generally recognized
as particul
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Page 258
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 925
Subsec. (b). Pub. L. 90–618 inserted ‘‘or any ammuni-
tion’’ after ‘‘a firearm’’.
Subsecs. (c), (d). Pub. L. 90–618 added subsec. (c), re-
designated former subsec. (c) as (d), and as so redesig-
nated, substituted ‘‘section 5845(a) of that Code’’ for
‘‘section 5848(1) of said Code’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Pub. L. 115–391, title IV, § 403(b), Dec. 21, 2018, 132 Stat.
5222, provided that: ‘‘This section [amending this sec-
tion], and the amendments made by this section, shall
apply to any offense that was committed before the
date of enactment of this Act [Dec. 21, 2018], if a sen-
tence for the offense has not been imposed as of such
date of enactment.’’
EFFECTIVE DATE OF 2005 AMENDMENT
Amendment by section 5(c)(2) of Pub. L. 109–92 effec-
tive 180 days after Oct. 26, 2005, see section 5(d) of Pub.
L. 109–92, set out as a note under section 922 of this
title.
EFFECTIVE DATE OF 1996 AMENDMENT
Pub. L. 104–294, title VI, § 603(m)(2), Oct. 11, 1996, 110
Stat. 3505, provided that: ‘‘The amendments made by
paragraph (1) [amending this section] shall take effect
as if the amendments had been included in section
110507 of the Act referred to in paragraph (1) [Pub. L.
103–322] on the date of the enactment of such Act [Sept.
13, 1994].’’
Pub. L. 104–294, title VI, § 603(p)(2), Oct. 11, 1996, 110
Stat. 3505, provided that: ‘‘The amendment made by
paragraph (1) [amending this section] shall take effect
as if the amendment had been included in section
110102(c)(2) of the Act referred to in paragraph (1) [Pub.
L. 103–322] on the date of the enactment of such Act
[Sept. 13, 1994].’’
EFFECTIVE AND TERMINATION DATES OF 1994
AMENDMENT
Amendment by sections 110102(c) and 110103(c) of Pub.
L. 103–322 repealed 10 years after Sept. 13, 1994, see sec-
tion 110105(2) of Pub. L. 103–322, formerly set out as a
note under section 921 of this title.
Pub. L. 103–322, title XXXIII, § 330011(i), Sept. 13, 1994,
108 Stat. 2145, provided that the amendment made by
that section is effective as of the date on which section
3528 of Pub. L. 101–647 took effect.
Pub. L. 103–322, title XXXIII, § 330011(j), Sept. 13, 1994,
108 Stat. 2145, provided that the amendment made by
that section is effective as of the date on which section
3527 of Pub. L. 101–647 took effect.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 1702(b)(3) of Pub. L. 101–647 ap-
plicable to conduct engaged in after end of 60-day pe-
riod beginning on Nov. 29, 1990, see section 1702(b)(4) of
Pub. L. 101–647, set out as a note under section 921 of
this title.
Pub. L. 101–647, title XXII, § 2203(d), Nov. 29, 1990, 104
Stat. 4857, provided that the amendment by that sec-
tion is effective with respect to any offense committed
after Nov. 1, 1987.
EFFECTIVE DATE OF 1988 AMENDMENT; SUNSET
PROVISION
Amendment by section 2(b) of Pub. L. 100–649 effec-
tive 30th day beginning after Nov. 10, 1988, and amend-
ment by section 2(f)(2)(B), (D) effective on Mar. 8, 2031,
see section 2(f) of Pub. L. 100–649, as amended, set out
as a note under section 922 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–308 effective 180 days after
May 19, 1986, see section 110(a) of Pub. L. 99–308, set out
as a note under section 921 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by section 223(a) of Pub. L. 98–473 effec-
tive Nov. 1, 1987, and applicable only to offenses com-
mitted after the taking effect of such amendment, see
section 235(a)(1) of Pub. L. 98–473, set out as an Effec-
tive Date note under section 3551 of this title.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90–618 effective Dec. 16, 1968,
see section 105 of Pub. L. 90–618, set out as a note under
section 921 of this title.
EFFECTIVE DATE
Section effective 180 days after June 19, 1968, see sec-
tion 907 of Pub. L. 90–351, set out as a note under sec-
tion 921 of this title.
RULE OF CONSTRUCTION
Nothing in amendment made by Pub. L. 117–159 to be
construed to allow the establishment of a Federal sys-
tem of registration of firearms, firearms owners, or
firearms transactions or dispositions, see section
12004(k) of Pub. L. 117–159, set out as a note under sec-
tion 922 of this title.
§ 925. Exceptions: Relief from disabilities
(a)(1) The provisions of this chapter, except for
sections 922(d)(9) and 922(g)(9) and provisions re-
lating to firearms subject to the prohibitions of
section 922(p), shall not apply with respect to
the transportation, shipment, receipt, posses-
sion, or importation of any firearm or ammuni-
tion imported for, sold or shipped to, or issued
for the use of, the United States or any depart-
ment or agency thereof or any State or any de-
partment, agency, or political subdivision there-
of.
(2) The provisions of this chapter, except for
provisions relating to firearms subject to the
prohibitions of section 922(p), shall not apply
with respect to (A) the shipment or receipt of
firearms or ammunition when sold or issued by
the Secretary of the Army pursuant to section
4308 of title 10 before the repeal of such section
by section 1624(a) of the Corporation for the Pro-
motion of Rifle Practice and Firearms Safety
Act, and (B) the transportation of any such fire-
arm or ammunition carried out to enable a per-
son, who lawfully received such firearm or am-
munition from the Secretary of the Army, to en-
gage in military training or in competitions.
(3) Unless otherwise prohibited by this chap-
ter, except for provisions relating to firearms
subject to the prohibitions of section 922(p), or
any other Federal law, a licensed importer, li-
censed manufacturer, or licensed dealer may
ship to a member of the United States Armed
Forces on active duty outside the United States
or to clubs, recognized by the Department of De-
fense, whose entire membership is composed of
such members, and such members or clubs may
receive a firearm or ammunition determined by
the Attorney General to be generally recognized
as particularly suitable for sporting purposes
and intended for the personal use of such mem-
ber or club.
(4) When established to the satisfaction of the
Attorney General to be consistent with the pro-
visions of this chapter, except for provisions re-
lating to firearms subject to the prohibitions of
section 922(p), and other applicable Federal and
State laws and published ordinances, the Attor-
Page 259
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 925
ney General may authorize the transportation,
shipment, receipt, or importation into the
United States to the place of residence of any
member of the United States Armed Forces who
is on active duty outside the United States (or
who has been on active duty outside the United
States within the sixty day period immediately
preceding the transportation, shipment, receipt,
or importation), of any firearm or ammunition
which is (A) determined by the Attorney Gen-
eral to be generally recognized as particularly
suitable for sporting purposes, or determined by
the Department of Defense to be a type of fire-
arm normally classified as a war souvenir, and
(B) intended for the personal use of such mem-
ber.
(5) For the purpose of paragraph (3) of this sub-
section, the term ‘‘United States’’ means each of
the several States and the District of Columbia.
(b) A licensed importer, licensed manufac-
turer, licensed dealer, or licensed collector who
is indicted for a crime punishable by imprison-
ment for a term exceeding one year, may, not-
withstanding any other provision of this chap-
ter, continue operation pursuant to his existing
license (if prior to the expiration of the term of
the existing license timely application is made
for a new license) during the term of such in-
dictment and until any conviction pursuant to
the indictment becomes final.
(c) A person who is prohibited from possessing,
shipping, transporting, or receiving firearms or
ammunition may make application to the At-
torney General for relief from the disabilities
imposed by Federal laws with respect to the ac-
quisition, receipt, transfer, shipment, transpor-
tation, or possession of firearms, and the Attor-
ney General may grant such relief if it is estab-
lished to his satisfaction that the circumstances
regarding the disability, and the applicant’s
record and reputation, are such that the appli-
cant will not be likely to act in a manner dan-
gerous to public safety and that the granting of
the relief would not be contrary to the public in-
terest. Any person whose application for relief
from disabilities is denied by the Attorney Gen-
eral may file a petition with the United States
district court for the district in which he resides
for a judicial review of such denial. The court
may in its discretion admit additional evidence
where failure to do so would result in a mis-
carriage of justice. A licensed importer, licensed
manufacturer, licensed dealer, or licensed col-
lector conducting operations under this chapter,
who makes application for relief from the dis-
abilities incurred under this chapter, shall not
be barred by such disability from further oper-
ations under his license pending final action on
an application for relief filed pursuant to this
section. Whenever the Attorney General grants
relief to any person pursuant to this section he
shall promptly publish in the Federal Register
notice of such action, together with the reasons
therefor.
(d) The Attorney General shall authorize a
firearm or ammunition to be imported or
brought into the United States or any posses-
sion thereof if the firearm or ammunition—
(1) is being imported or brought in for sci-
entific or research purposes, or is for use in
connection with competition or training pur-
suant to chapter 751 of title 10;
(2) is an unserviceable firearm, other than a
machinegun as defined in section 5845(b) of the
Internal Revenue Code of 1986 (not readily re-
storable to firing condition), imported or
brought in as a curio or museum piece;
(3) is of a type that does not fall within the
definition of a firearm as defined in section
5845(a) of the Internal Revenue Code of 1986
and is generally recognized as particularly
suitable for or readily adaptable to sporting
purposes, excluding surplus military firearms,
except in any case where the Attorney General
has not authorized the importation of the fire-
arm pursuant to this paragraph, it shall be un-
lawful to import any frame, receiver, or barrel
of such firearm which would be prohibited if
assembled; or
(4) was previously taken out of the United
States or a possession by the person who is
bringing in the firearm or ammunition.
The Attorney General shall permit the condi-
tional importation or bringing in of a firearm or
ammunition for examination and testing in con-
nection with the making of a determination as
to whether the importation or bringing in of
such firearm or ammunition will be allowed
under this subsection.
(e) Notwithstanding any other provision of
this title, the Attorney General shall authorize
the importation of, by any licensed importer,
the following:
(1) All rifles and shotguns listed as curios or
relics by the Attorney General pursuant to
section 921(a)(13), and
(2) All handguns, listed as curios or relics by
the Attorney General pursuant to section
921(a)(13), provided that such handguns are
generally recognized as particularly suitable
for or readily adaptable to sporting purposes.
(f) The Attorney General shall not authorize,
under subsection (d), the importation of any
firearm the importation of which is prohibited
by section 922(p).
(Added Pub. L. 90–351, title IV, § 902, June 19,
1968, 82 Stat. 233; amended Pub. L. 90–618, title I,
§ 102, Oct. 22, 1968, 82 Stat. 1224; Pub. L. 98–573,
title II, § 233, Oct. 30, 1984, 98 Stat. 2991; Pub. L.
99–308, § 105, May 19, 1986, 100 Stat. 459; Pub. L.
99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L.
100–649, § 2(c), (f)(2)(C), (E), Nov. 10, 1988, 102 Stat.
3817, 3818; Pub. L. 101–647, title XXII, § 2203(b),
(c), Nov. 29, 1990, 104 Stat. 4857; Pub. L. 104–106,
div. A, title XVI, § 1624(b)(3), Feb. 10, 1996, 110
Stat. 522; Pub. L. 104–208, div. A, title I, § 101(f)
[title VI, § 658(d)], Sept. 30, 1996, 110 Stat.
3009–314, 3009–372; Pub. L. 104–294, title VI,
§ 607(c), Oct. 11, 1996, 110 Stat. 3511; Pub. L.
107–296, title XI, § 1112(f)(6), Nov. 25, 2002, 116
Stat. 2276; Pub. L. 108–174, § 1(3), Dec. 9, 2003, 117
Stat. 2481; Pub. L. 115–232, div. A, title VIII,
§ 809(e)(3), Aug. 13, 2018, 132 Stat. 1842.)
AMENDMENT OF SECTION
Pub. L. 100–649, § 2(f)(2)(C), (E), Nov. 10, 1988,
102 Stat. 3818, as amended by Pub. L. 105–277,
div. A, § 101(h) [title VI, § 649], Oct. 21, 1998, 112
Stat. 2681–480, 2681–528; Pub. L. 108–174, § 1(1),
(3), Dec. 9, 2003, 117 Stat. 2481; Pub. L. 113–57,
§ 1, Dec. 9, 2013, 127 Stat. 656, provided that, ef-
fective on Mar. 8, 2031, subsection (a) of this
Page 260
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 925
section is amended by striking ‘‘and provisions
relating to firearms subject to the prohibitions
of section 922(p)’’ in par. (1), striking ‘‘, except
for provisions relating to firearms subject to the
prohibitions of section 922(p),’’ in par. (2), and
striking ‘‘except for provisions relating to fire-
arms subject to the prohibitions of section
922(p),’’ in pars. (3) and (4) and subsection (f)
of this section is repealed.
Editorial Notes
REFERENCES IN TEXT
Section 4308 of title 10 before the repeal of such sec-
tion by section 1624(a) of the Corporation for the Pro-
motion of Rifle Practice and Firearms Safety Act, re-
ferred to in subsec. (a)(2)(A), means section 4308 of Title
10, Armed Forces, prior to repeal by section 1624(a)(1) of
Pub. L. 104–106, div. A, title XVI, Feb. 10, 1996, 110 Stat.
522.
Section 5845(b) of the Internal Revenue Code of 1986,
referred to in subsec. (d)(2), is classified to section
5845(b) of Title 26, Internal Revenue Code.
Section 5845(a) of the Internal Revenue Code of 1986,
referred to in subsec. (d)(3), is classified to section
5845(a) of Title 26.
AMENDMENTS
2018—Subsec. (d)(1). Pub. L. 115–232 substituted ‘‘chap-
ter 751 of title 10’’ for ‘‘chapter 401 of title 10’’.
2002—Subsecs. (a), (c) to (f). Pub. L. 107–296, which di-
rected amendment of this section by substituting ‘‘At-
torney General’’ for ‘‘Secretary’’ wherever appearing,
was executed by making the substitution wherever ap-
pearing in subsecs. (a)(4) and (c) to (f), by not making
the substitution for ‘‘Secretary of the Army’’ in subsec.
(a)(2), and by substituting ‘‘Attorney General’’ for
‘‘Secretary of the Treasury’’ in subsec. (a)(3), to reflect
the probable intent of Congress.
1996—Subsec. (a)(1). Pub. L. 104–208 inserted ‘‘sections
922(d)(9) and 922(g)(9) and’’ after ‘‘except for’’.
Subsec. (a)(2)(A). Pub. L. 104–106 inserted ‘‘before the
repeal of such section by section 1624(a) of the Corpora-
tion for the Promotion of Rifle Practice and Firearms
Safety Act’’ after ‘‘section 4308 of title 10’’.
Subsec. (a)(5). Pub. L. 104–294 substituted ‘‘For the
purpose of paragraph (3)’’ for ‘‘For the purpose of para-
graphs (3) and (4)’’.
1990—Subsec. (a)(1). Pub. L. 101–647, § 2203(b), inserted
‘‘possession,’’ before ‘‘or importation’’.
Subsec. (c). Pub. L. 101–647, § 2203(c), substituted ‘‘re-
garding the disability’’ for ‘‘regarding the conviction’’
and ‘‘barred by such disability’’ for ‘‘barred by such
conviction’’ and struck out ‘‘by reason of such a con-
viction’’ after ‘‘incurred under this chapter’’.
1988—Subsec. (a). Pub. L. 100–649, § 2(c)(1), inserted
‘‘, except for provisions relating to firearms subject to
the prohibitions of section 922(p),’’ after ‘‘chapter’’ in
pars. (1) to (4).
Subsec. (f). Pub. L. 100–649, § 2(c)(2), added subsec. (f).
1986—Subsec. (c). Pub. L. 99–308, § 105(1), substituted
‘‘is prohibited from possessing, shipping, transporting,
or receiving firearms or ammunition’’ for ‘‘has been
convicted of a crime punishable by imprisonment for a
term exceeding one year (other than a crime involving
the use of a firearm or other weapon or a violation of
this chapter or of the National Firearms Act)’’ and
‘‘shipment, transportation, or possession of firearms,
and’’ for ‘‘shipment, or possession of firearms and in-
curred by reason of such conviction, and’’ and inserted
provision that any person whose application for relief
has been denied may file for judicial relief of such de-
nial and that the court may admit additional evidence
to avoid a miscarriage of justice.
Subsec. (d). Pub. L. 99–308, § 105(2)(A), (B), (D), in pro-
vision preceding par. (1) substituted ‘‘shall authorize’’
for ‘‘may authorize’’ and struck out ‘‘the person im-
porting or bringing in the firearm or ammunition es-
tablishes to the satisfaction of the Secretary that’’
after ‘‘thereof if’’, and in provision following par. (4)
substituted ‘‘shall permit’’ for ‘‘may permit’’.
Subsec. (d)(2). Pub. L. 99–514 substituted ‘‘Internal
Revenue Code of 1986’’ for ‘‘Internal Revenue Code of
1954’’.
Subsec. (d)(3). Pub. L. 99–514 substituted ‘‘Internal
Revenue Code of 1986’’ for ‘‘Internal Revenue Code of
1954’’.
Pub. L. 99–308, § 105(2)(C), inserted ‘‘except in any case
where the Secretary has not authorized the importa-
tion of the firearm pursuant to this paragraph, it shall
be unlawful to import any frame, receiver, or barrel of
such firearm which would be prohibited if assembled’’.
1984—Subsec. (e). Pub. L. 98–573 added subsec. (e).
1968—Subsec. (a). Pub. L. 90–618 redesignated existing
provisions as par. (1), made minor changes in phrase-
ology, and added pars. (2) to (5).
Subsec. (b). Pub. L. 90–618 added licensed collectors to
the enumerated list of licensees.
Subsec. (c). Pub. L. 90–618 substituted ‘‘imposed by
Federal laws with respect to the acquisition, receipt,
transfer, shipment, or possession of firearms and’’ for
‘‘under this chapter’’, ‘‘to act in a manner dangerous to
public safety’’ for ‘‘to conduct his operations in an un-
lawful manner,’’ and ‘‘licensed importer, licensed man-
ufacturer, licensed dealer, or licensed collector’’ for ‘‘li-
censee’’.
Subsec. (d). Pub. L. 90–618 made minor changes in
phraseology, subjected ammunition to the authority of
the Secretary in text preceding par. (1), substituted
‘‘section 5845(b)’’ for ‘‘section 5848(2)’’ in par. (2), sub-
stituted ‘‘section 5845(a)’’ for ‘‘section 5848(1)’’ and ‘‘ex-
cluding surplus military firearms’’ for ‘‘and in the case
of surplus military firearms is a rifle or shotgun’’ in
par. (3), inserted ‘‘or ammunition’’ after ‘‘the firearm’’
in par. (4), and authorized the Secretary to permit the
importation of ammunition for examination and test-
ing in text following par. (4).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–232 effective Feb. 1, 2019,
with provision for the coordination of amendments and
special rule for certain redesignations, see section 800
of Pub. L. 115–232, set out as a note preceding section
3001 of Title 10, Armed Forces.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective 60 days after
Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as
an Effective Date note under section 101 of Title 6, Do-
mestic Security.
EFFECTIVE DATE OF 1996 AMENDMENT
Pub. L. 104–106, div. A, title XVI, § 1624(c), Feb. 10,
1996, 110 Stat. 522, provided that: ‘‘The amendments
made by this section [amending this section and sec-
tions 4313 and 4316 of Title 10, Armed Forces, and re-
pealing sections 4307, 4308, 4310, and 4311 of Title 10]
shall take effect on the earlier of—
‘‘(1) the date on which the Secretary of the Army
submits a certification in accordance with section
1623 [former 36 U.S.C. 5523]; or
‘‘(2) October 1, 1996.’’
EFFECTIVE DATE OF 1988 AMENDMENT; SUNSET
PROVISION
Amendment by section 2(c) of Pub. L. 100–649 effective
30th day beginning after Nov. 10, 1988, and amendment
by section 2(f)(2)(C), (E) effective on Mar. 8, 2031, see
section 2(f) of Pub. L. 100–649, as amended, set out as a
note under section 922 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–308 applicable to any ac-
tion, petition, or appellate proceeding pending on May
Page 261
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 925C
19, 1986, see section 110(b) of Pub. L. 99–308, set out as
a note under section 921 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–573 effective 15th day after
Oct. 30, 1984, see section 214(a), (b) of Pub. L. 98–573, set
out as a note under section 1304 of Title 19, Customs
Duties.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90–618 effective Dec. 16, 1968,
except subsecs. (a)(1) and (d) effective Oct. 22, 1968, see
section 105 of Pub. L. 90–618, set out as a note under sec-
tion 921 of this title.
EFFECTIVE DATE
Section effective 180 days after June 19, 1968, see sec-
tion 907 of Pub. L. 90–351, set out as a note under sec-
tion 921 of this title.
§ 925A. Remedy for erroneous denial of firearm
Any person denied a firearm pursuant to sub-
section (s) or (t) of section 922—
(1) due to the provision of erroneous infor-
mation relating to the person by any State or
political subdivision thereof, or by the na-
tional instant criminal background check sys-
tem established under section 103 of the Brady
Handgun Violence Prevention Act; or
(2) who was not prohibited from receipt of a
firearm pursuant to subsection (g) or (n) of
section 922,
may bring an action against the State or polit-
ical subdivision responsible for providing the er-
roneous information, or responsible for denying
the transfer, or against the United States, as the
case may be, for an order directing that the er-
roneous information be corrected or that the
transfer be approved, as the case may be. In any
action under this section, the court, in its dis-
cretion, may allow the prevailing party a rea-
sonable attorney’s fee as part of the costs.
(Added Pub. L. 103–159, title I, § 104(a), Nov. 30,
1993, 107 Stat. 1543.)
Editorial Notes
REFERENCES IN TEXT
Section 103 of the Brady Handgun Violence Preven-
tion Act, referred to in par. (1), is section 103 of Pub. L.
103–159, which is classified to section 40901 of Title 34,
Crime Control and Law Enforcement.
§ 925B. Reporting of background check denials to
State authorities
(a) IN GENERAL.—If the national instant crimi-
nal background check system established under
section 103 of the Brady Handgun Violence Pre-
vention Act (34 U.S.C. 40901) (referred to in this
section as ‘‘NICS’’) provides a notice pursuant to
section 922(t) that the receipt of a firearm by a
person would violate subsection (g) or (n) of sec-
tion 922 or State, local, or Tribal law, the Attor-
ney General shall, in accordance with subsection
(b) of this section—
(1) report to the local law enforcement au-
thority of the State or Tribe where the person
sought to acquire the firearm and, if different,
the local law enforcement authorities of the
State or Tribe of residence of the person—
(A) that the notice was provided;
(B) the Federal, State, local or Tribal pro-
hibition;
(C) the date and time the notice was pro-
vided;
(D) the location of the licensee where the
firearm was sought to be transferred; and
(E) the identity of the person; and
(2) where practicable, report the incident to
State and local prosecutors or Tribal prosecu-
tors in the jurisdiction where the firearm
transfer was sought.
(b) REQUIREMENTS
FOR REPORT.—A report is
made in accordance with this subsection if the
report is made under subsection (a) within 24
hours after the NICS denies a firearm transfer in
accordance with section 922(t) of title 18, United
States Code, except that the making of the re-
port may be delayed for so long as is necessary
to avoid compromising an ongoing investiga-
tion.
(c) AMENDMENT
OF
REPORT.—If a report is
made in accordance with subsection (b) and,
after such report is made, the Federal Bureau of
Investigation determines that the receipt of a
firearm by a person for whom the report was
made would not violate subsection (g) or (n) of
section 922 or State, local, or Tribal law, the At-
torney General shall notify any law enforcement
authority and any prosecutor to whom the re-
port was made of that determination.
(d) RULE OF CONSTRUCTION.—Nothing in sub-
section (a) shall be construed to require a report
with respect to a person to be made to the same
State authorities that made the original denial
determination with respect to the transfer of
the firearm.
(Added Pub. L. 117–103, div. W, title XI, § 1101(c),
Mar. 15, 2022, 136 Stat. 919.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section not effective until Oct. 1 of the first fiscal
year beginning after Mar. 15, 2022, see section 4(a) of
div. W of Pub. L. 117–103, set out as a note under section
6851 of Title 15, Commerce and Trade.
§ 925C. Annual report to Congress
Not later than 1 year after the date of enact-
ment of this section, and annually thereafter,
the Attorney General shall submit to Congress a
report detailing the following, broken down by
Federal judicial district:
(1) With respect to each category of persons
prohibited by subsection (g) or (n) of section
922 or State law from receiving or possessing a
firearm who are so denied a firearm—
(A) the number of denials;
(B) the number of denials referred to the
Bureau of Alcohol, Tobacco, Firearms, and
Explosives;
(C) the number of denials for which the
Bureau of Alcohol, Tobacco, Firearms, and
Explosives determines that the person de-
nied was not prohibited by subsection (g) or
(n) of section 922 or State law from receiving
or possessing a firearm;
(D) the number of denials overturned
through the appeals process of the national
instant criminal background check system
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The provisions of this chapter, except for sections 922(d)(9) and 922(g)(9) and provisions relating to firearms subject to the prohibitions of section 922(p), shall not apply with respect to the transportation, shipment, receipt, possession, or importation of any firearm or ammunition imported for, sold or shipped to, or issued for the use of, the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof.
(2) The provisions of this chapter, except for provisions relating to firearms subject to the prohibitions of section 922(p), shall not apply with respect to (A) the shipment or receipt of firearms or ammunition when sold or issued by the Secretary of the Army pursuant to [section 4308 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4308&num=0&edition=prelim) before the repeal of such section by section 1624(a) of the Corporation for the Promotion of Rifle Practice and Firearms Safety Act, and (B) the transportation of any such firearm or ammunition carried out to enable a person, who lawfully received such firearm or ammunition from the Secretary of the Army, to engage in military training or in competitions.
(3) Unless otherwise prohibited by this chapter, except for provisions relating to firearms subject to the prohibitions of section 922(p), or any other Federal law, a licensed importer, licensed manufacturer, or licensed dealer may ship to a member of the United States Armed Forces on active duty outside the United States or to clubs, recognized by the Department of Defense, whose entire membership is composed of such members, and such members or clubs may receive a firearm or ammunition determined by the Attorney General to be generally recogn
**(a) In general** Not later than 1 year after March 23, 2018, the Attorney General, in coordination with the States and Indian tribal governments, shall establish, for each State or Indian tribal government, a plan to ensure maximum coordination and automation of the reporting or making available of appropriate records to the National Instant Criminal Background Check System established under [section 40901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40901&num=0&edition=prelim) and the verification of the accuracy of those records during a 4-year period specified in the plan. The records shall be limited to those of an individual described in subsection (g) or (n) of [section 922 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section922&num=0&edition=prelim) 11 So in original. Probably should be followed by a period.
**(b) Benchmark requirements** Each plan established under this section shall include annual benchmarks to enable the Attorney General to assess the implementation of the plan, including—
(1) qualitative goals and quantitative measures; and
(2) a needs assessment, including estimated compliance costs.
**(c) Compliance determination** Not later than the end of each fiscal year beginning after the date of the establishment of an implementation plan under this section, the Attorney General shall determine whether each State or Indian tribal government has achieved substantial compliance with the benchmarks included in the plan.
**(d) Accountability** The Attorney General—
(1) shall disclose and publish, including on the website of the Department of Justice—
(A) the name of each State or Indian tribal government that received a determination of failure to achieve substan
Stored review status: release_metadata_unconfirmed. The source passage cites 34 U.S.C. § 40901. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 40901. Establishment
(a) Determination of timetables
Not later than 6 months after November 30,
1993, the Attorney General shall—
(1) determine the type of computer hardware
and software that will be used to operate the
Page 621
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 40901
national instant criminal background check
system and the means by which State crimi-
nal records systems and the telephone or elec-
tronic device of licensees will communicate
with the national system;
(2) investigate the criminal records system
of each State and determine for each State a
timetable by which the State should be able to
provide criminal records on an on-line capac-
ity basis to the national system; and
(3) notify each State of the determinations
made pursuant to paragraphs (1) and (2).
(b) Establishment of system
(1) In general
Not later than 60 months after November 30,
1993, the Attorney General shall establish a
national instant criminal background check
system that any licensee may contact, by tele-
phone or by other electronic means in addition
to the telephone, for information, to be sup-
plied immediately, on whether receipt of a
firearm by a prospective transferee would vio-
late section 922 of title 18 or State law.
(2) Voluntary background checks
(A) In general
Not later than 90 days after June 25, 2022,
the Attorney General shall promulgate regu-
lations allowing licensees to use the na-
tional instant criminal background check
system established under this section for
purposes of voluntarily conducting an em-
ployment background check relating to a
current or prospective employee. The Attor-
ney General may not collect a fee for an em-
ployment background check under this sub-
paragraph.
(B) Notice
Before conducting an employment bac
Stored review status: historical_2024_not_currentness_verified. The source passage cites 34 U.S.C. § 40901. This identifies an authority to review, not proof of applicability.