18 U.S.C. § 925B — Reporting of background check denials to State authorities

submitted 4 years ago by Pub. L. 117-103 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 373 words · no verdicts yet

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When NICS denies a gun sale because of a legal violation, the Attorney General must report it. The Attorney General must notify local law enforcement within 24 hours, including denial details. If the FBI later reverses that finding, the Attorney General must notify everyone who got the report.

(a) In General. Suppose the national background check system, called "NICS," denies someone a gun purchase. This happens when buying the firearm would break subsection (g) or (n) of section 922, or state, local, or Tribal law. When that happens, the Attorney General must report it. The Attorney General must (1) tell local law enforcement where the person tried to buy the gun. It must also tell law enforcement in the person's home state or Tribe, if different. That report must say a denial happened, and it must name the exact law violated. It must give the date and time, the gun dealer's location, and the person's identity. The Attorney General must also (2) tell state, local, or Tribal prosecutors about the incident, when that is practical. (b) Requirements for Report. The Attorney General must send this report within 24 hours of the NICS denial. The Attorney General may delay the report only as long as needed to avoid harming an ongoing investigation. (c) Amendment of Report. Suppose a report was sent, and the FBI later decides the purchase would not have broken the law after all. Then the Attorney General must tell every law enforcement agency and prosecutor who got the original report. (d) Rule of Construction. This section does not require the report to go to the same state officials who made the original denial decision.

the actual law source: uscode.house.gov ↗public domain

(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.

Source credit: (Added Pub. L. 117–103, div. W, title XI, § 1101(c), Mar. 15, 2022, 136 Stat. 919.)

history & why it existsrecord from the source credit

2022Enacted · Pub. L. 117-103 · 136 Stat. 919

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-103 on 2022-03-15.

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