Section 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.Added Pub. L. 117-103, div. W, title XI, §1101(c), Mar. 15, 2022, 136 Stat. 919.STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATESection not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, 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.
- Attorney General
- The term "Attorney General" means the Attorney General of the United States 1
- 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.
- local law enforcement authority
- The term "local law enforcement authority" means a bureau, office, department or other authority of a State or local government or Tribe that has jurisdiction to investigate a violation or potential violation of, or enforce, a State, local, or Tribal law.
- person
- The term "person" and the term "whoever" include any individual, corporation, company, association, firm, partnership, society, or joint stock company.