18 U.S.C. § 925A

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

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.

18 U.S.C. § 925A

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

EDITORIAL NOTES

REFERENCES IN TEXTSection 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.

firearm: The term "firearm" means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.
handgun: The term "handgun" means-(A) a firearm which has a short stock and is designed to be held and fired by the use of a single hand; and(B) any combination of parts from which a firearm described in subparagraph (A) can be assembled.
person: The term "person" and the term "whoever" include any individual, corporation, company, association, firm, partnership, society, or joint stock company.