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Title 18 — Crimes and Criminal Procedure

Part I · Chapter 44 — Firearms

§ 925A. Remedy for erroneous denial of firearm

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Brady Handgun Violence Prevention Act

    Pub. L. 103–159 title I § 104(a) · 107 Stat. 1536

    Enacted · 18 U.S.C. § 925A

    (Added Pub. L. 103–159, title I, § 104(a), Nov. 30, 1993, 107 Stat. 1543.)

    Source evidence

    Code source credit
    (Added Pub. L. 103–159, title I, § 104(a), Nov. 30, 1993, 107 Stat. 1543.)

    Enacted provision · exact public law section
    (a) In General.— Chapter 44 of title 18, United States Code, is amended by inserting after section 925 the following new section: §925A. Remedy for erroneous denial of firearm “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.”.

1 of 1 references resolved to an enrolled provision

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 Enforcement.

Credits

(Added Pub. L. 103–159, title I, § 104(a), , 107 Stat. 1543.)

Parsed from the official OLRC USLM XML in data/usc_all/usc18.xml · release point 119-108 · OLRC build 2026-05-04

USLM identifier /us/usc/t18/s925A