PRIA, Government Policy, Made Personal

Summary

Anyone denied a firearm under subsections (s) or (t) of section 922 because a State, local government, or the national instant criminal background check system under section 103 of the Brady Handgun Violence Prevention Act gave wrong information, or who was not barred under subsections (g) or (n) of section 922, may sue the government that caused the error or the United States to have the record corrected or to get the transfer approved. A court may, if it chooses, award the winning party a reasonable attorney’s fee as part of the costs.

Title 18, §925A

Crimes and Criminal Procedure, Source: USLM XML via OLRC

Any person denied a firearm pursuant to subsection (s) or (t) of section 922—

(1)due to the provision of erroneous information relating to the person by any State or political subdivision thereof, or by the national instant criminal background check system 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 political subdivision responsible for providing the erroneous information, or responsible for denying the transfer, or against the United States, as the case may be, for an order directing that the erroneous information be corrected or that the transfer be approved, as the case may be. In any action under this section, the court, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the costs.

Editorial Notes

References in Text

section 103 of the Brady Handgun Violence Prevention 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

§925A Remedy for Erroneous Denial of Firearm

Summary

Title 18, §925A

Notes & Related Subsidiaries

Editorial Notes

References in Text

Enforcement

Citations & Metadata