§925B — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

When NICS notifies that giving a person a gun would violate federal law (section 922(g) or 922(n)) or state, local, or Tribal law, the Attorney General must tell local law enforcement where the person tried to get the gun and, if different, where the person lives. The report must say that the notice was given, what law blocks the transfer, the date and time, where the seller or licensee was located, and who the person is. The Attorney General should also tell State, local, or Tribal prosecutors when it is practical. The report must be sent within 24 hours of the NICS denial unless doing so would hurt an ongoing investigation. If the FBI later finds the transfer would not break the law, the Attorney General must notify any law enforcement and prosecutors who got the report. The Attorney General is not required to report to the same State authority that made the original denial.

Title 18, §925B

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)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)report to the local law enforcement authority 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 prohibition;

(C)the date and time the notice was provided;

(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 prosecutors in the jurisdiction where the firearm transfer was sought.

(b)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)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)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.

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.

§925B Reporting of Background Check Denials to State Authorities

Summary

Title 18, §925B

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata