Title 18, Crimes and Criminal ProcedureRelease 119-110

§925B Reporting of Background Check Denials to State Authorities

Title 18 › PART I — CRIMES › CHAPTER 44 — FIREARMS › § 925B

Last updated Sep 22, 2026|Official source

Summary

When the national instant background check system (NICS) says a person should be denied a gun because federal, State, local, or Tribal law would be broken, the Attorney General must tell local law enforcement where the person tried to get the gun and, if different, the local law enforcement where the person lives. The notice must say that a denial notice was given, which law or prohibition applied, the date and time, the location of the seller or licensee, and who the person is. When practical, prosecutors in the place where the transfer was tried should also be told. The report must be made within 24 hours after NICS denies the transfer, unless a delay is needed so it does not harm an ongoing investigation. If the FBI later decides the person would not be prohibited, the Attorney General must tell every law enforcement agency and prosecutor who got the original report. The law does not require sending the report to the same State officials who first made the denial decision.

Full Legal Text

Title 18, §925B

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)In General.—
If the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention 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 section 922 or State, local, or Tribal law, the Attorney General shall, in accordance with subsection (b) of this section— (1)
(2)where practicable, report the incident to State and local prosecutors or Tribal prosecutors 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 report may be delayed for so long as is necessary to avoid compromising an ongoing investigation.
(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 Attorney General shall notify any law enforcement authority and any prosecutor to whom the report was made of that determination.
(d)Rule of Construction.—
Nothing in subsection (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.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

18 U.S.C. § 925B

Title 18, Crimes and Criminal Procedure

Last Updated

Sep 22, 2026

Release point: 119-110