Title 18 — Crimes and Criminal Procedure
Part I · Chapter 44 — Firearms
§ 925B. Reporting of background check denials to State authorities
Statutory text
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—
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—
that the notice was provided;
the Federal, State, local or Tribal prohibition;
the date and time the notice was provided;
the location of the licensee where the firearm was sought to be transferred; and
the identity of the person; and
where practicable, report the incident to State and local prosecutors or Tribal prosecutors in the jurisdiction where the firearm transfer was sought.
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.
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.
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
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.
NICS Denial Notification Act of 2022
Pub. L. 117–103 div. W title XI § 1101(c) · 136 Stat. 49
Enacted · 18 U.S.C. § 925B
(Added Pub. L. 117–103, div. W, title XI, § 1101(c), Mar. 15, 2022, 136 Stat. 919.)
Source evidence
Code source credit
(Added Pub. L. 117–103, div. W, title XI, § 1101(c), Mar. 15, 2022, 136 Stat. 919.)Enacted provision · exact public law section
(c) Amendment.— Chapter 44 of title 18, United States Code, is amended by inserting after section 925A the following: “§ 925B. Reporting of background check denials to State authorities “(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) 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) 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.” .
1 of 1 references resolved to an enrolled provision
Statutory Notes and Related Subsidiaries
Effective Date
Section not effective until Oct. 1 of the first fiscal year beginning after , 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.
Credits
(Added Pub. L. 117–103, div. W, title XI, § 1101(c), , 136 Stat. 919.)