Title 34 — NavyRelease 119-73not60
§40912 Requirements to Obtain Waiver
Title 34 › Subtitle Subtitle IV— Criminal Records and Information › Chapter 409— NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM › Subchapter I— TRANSMITTAL OF RECORDS › § 40912
Summary
A State can get a waiver of the 10 percent matching rule for National Criminal History Improvement Grants if, starting 3 years after January 8, 2008, it follows an approved plan or makes at least 90 percent of the required records available to the Attorney General. Each waiver can last no more than 2 years. By no later than 180 days after January 8, 2008, each State must give the Attorney General an estimate (using a method the Attorney General sets) of how many records it has about people who are barred from owning guns under federal law. If a State misses that deadline, it cannot get certain federal funds until it sends the estimate or sets up a required plan. The law covers six kinds of records, including felony convictions, indictments or fugitives without final disposition, unlawful drug users, people judged mentally unfit or committed, certain court orders, and misdemeanor domestic violence convictions. The Attorney General will check what share of records from the past 20 years the State provides, though States should try to supply all records no matter how old. States must make these records available electronically, fix or remove records if the disqualifying reason no longer applies, and tell the Attorney General when they do. States must certify at least once every 2-year period that 90 percent of the records are available. For mental-health-related records, the Attorney General must work with States and mental health groups to protect privacy. The Attorney General must report progress each year by January 31 to the House and Senate Judiciary Committees.
Full Legal Text
Title 34, §40912
Navy — Source: USLM XML via OLRC
(a)Beginning 3 years after January 8, 2008, a State shall be eligible to receive a waiver of the 10 percent matching requirement for National Criminal History Improvement Grants under section 40301 of this title if the State is in compliance with an implementation plan established under subsection (b) or provides at least 90 percent of the information described in subsection (c). The length of such a waiver shall not exceed 2 years.
(b)(1)(A)To assist the Attorney General in making a determination under subsection (a) of this section, and under section 40914 of this title, concerning the compliance of the States in providing information to the Attorney General for the purpose of receiving a waiver under subsection (a) of this section, or facing a loss of funds under section 40914 of this title, by a date not later than 180 days after January 8, 2008, each State shall provide the Attorney General with a reasonable estimate, as calculated by a method determined by the Attorney General and in accordance with section 40914(d) of this title, of the number of the records described in subparagraph (C) applicable to such State that concern persons who are prohibited from possessing or receiving a firearm under subsection (g) or (n) of section 922 of title 18.
(B)A State that fails to provide an estimate described in subparagraph (A) by the date required under such subparagraph shall be ineligible to receive any funds under section 40913 of this title, until such date as it provides such estimate to the Attorney General or has established an implementation plan under section 40917 of this title.
(C)For purposes of subparagraph (A), a record is the following:
(i)A record that identifies a person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year.
(ii)A record that identifies a person for whom an indictment has been returned for a crime punishable by imprisonment for a term exceeding 1 year that is valid under the laws of the State involved or who is a fugitive from justice, as of the date of the estimate, and for which a record of final disposition is not available.
(iii)A record that identifies a person who is an unlawful user of, or addicted to a controlled substance (as such terms “unlawful user” and “addicted” are respectively defined in regulations implementing section 922(g)(3) of title 18 as in effect on January 8, 2008) as demonstrated by arrests, convictions, and adjudications, and whose record is not protected from disclosure to the Attorney General under any provision of State or Federal law.
(iv)A record that identifies a person who has been adjudicated as a mental defective or committed to a mental institution, consistent with section 922(g)(4) of title 18 and whose record is not protected from disclosure to the Attorney General under any provision of State or Federal law.
(v)A record that is electronically available and that identifies a person who, as of the date of such estimate, is subject to a court order described in section 922(g)(8) of title 18.
(vi)A record that is electronically available and that identifies a person convicted in any court of a misdemeanor crime of domestic violence, as defined in section 921(a)(33) of title 18.
(2)The Attorney General, in determining the compliance of a State under this section or section 40914 of this title for the purpose of granting a waiver or imposing a loss of Federal funds, shall assess the total percentage of records provided by the State concerning any event occurring within the prior 20 years, which would disqualify a person from possessing a firearm under subsection (g) or (n) of section 922 of title 18.
(3)Notwithstanding paragraph (2), States shall endeavor to provide the National Instant Criminal Background Check System with all records concerning persons who are prohibited from possessing or receiving a firearm under subsection (g) or (n) of section 922 of title 18, regardless of the elapsed time since the disqualifying event.
(c)(1)(A)From the information collected by a State, the State shall make electronically available to the Attorney General records relevant to a determination of whether a person is disqualified from possessing or receiving a firearm under subsection (g) or (n) of section 922 of title 18 or applicable State law.
(B)The State, on being made aware that the basis under which a record was made available under subparagraph (A) does not apply, or no longer applies, shall, as soon as practicable—
(i)update, correct, modify, or remove the record from any database that the Federal or State government maintains and makes available to the National Instant Criminal Background Check System, consistent with the rules pertaining to that database; and
(ii)notify the Attorney General that such basis no longer applies so that the record system in which the record is maintained is kept up to date.
(C)To remain eligible for a waiver under subsection (a), a State shall certify to the Attorney General, not less than once during each 2-year period, that at least 90 percent of all records described in subparagraph (A) has been made electronically available to the Attorney General in accordance with subparagraph (A).
(D)For purposes of this paragraph, a State shall identify and include all of the records described under subparagraph (A) without regard to the age of the record.
(2)The State shall make available to the Attorney General, for use by the National Instant Criminal Background Check System, records relevant to a determination of whether a person has been convicted in any court of a misdemeanor crime of domestic violence. With respect to records relating to such crimes, the State shall provide information specifically describing the offense and the specific section or subsection of the offense for which the defendant has been convicted and the relationship of the defendant to the victim in each case.
(3)The State shall make available to the Attorney General, for use by the National Instant Criminal Background Check System, the name and other relevant identifying information of persons adjudicated as a mental defective or those committed to mental institutions to assist the Attorney General in enforcing section 922(g)(4) of title 18.
(d)For any information provided to the Attorney General for use by the National Instant Criminal Background Check System, relating to persons prohibited from possessing or receiving a firearm under section 922(g)(4) of title 18, the Attorney General shall work with States and local law enforcement and the mental health community to establish regulations and protocols for protecting the privacy of information provided to the system. The Attorney General shall make every effort to meet with any mental health group seeking to express its views concerning these regulations and protocols and shall seek to develop regulations as expeditiously as practicable.
(e)Not later than January 31 of each year, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the progress of States in automating the databases containing the information described in subsection (b) and in making that information electronically available to the Attorney General pursuant to the requirements of subsection (c).
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification Section was formerly classified in a note under section 922 of Title 18, Crimes and Criminal Procedure, prior to editorial reclassification and renumbering as this section.
Amendments
2018—Subsec. (a). Pub. L. 115–141, § 603(a)(1), substituted “section 40301 of this title” for “the Crime Identification Technology Act of 1988 (42 U.S.C. 14601)” and inserted “is in compliance with an implementation plan established under subsection (b) or” before “provides at least 90 percent of the information described in subsection (c)”. Subsec. (b)(1)(B). Pub. L. 115–141, § 603(a)(2), inserted “or has established an implementation plan under section 40917 of this title” after “the Attorney General”.
Reference
Citations & Metadata
Citation
34 U.S.C. § 40912
Title 34 — Navy
Last Updated
Apr 5, 2026
Release point: 119-73not60