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34 U.S.C. § 40901 — Implementation plan

Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 40901 — Implementation plan

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Stable record: federal_law:legal_authorities:record_usc_8942a3f0f2ab035e9969bf43
Source file: Laws/federal/codes/united-states-code/title-34/section-40901-implementation-plan--6146f6b641.md
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Source location: Title 34, Chapter 409, § 40901; chapter-409-national-instant-criminal-background-check-system.md

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**(a) In general** Not later than 1 year after March 23, 2018, the Attorney General, in coordination with the States and Indian tribal governments, shall establish, for each State or Indian tribal government, a plan to ensure maximum coordination and automation of the reporting or making available of appropriate records to the National Instant Criminal Background Check System established under [section 40901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40901&num=0&edition=prelim) and the verification of the accuracy of those records during a 4-year period specified in the plan. The records shall be limited to those of an individual described in subsection (g) or (n) of [section 922 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section922&num=0&edition=prelim) 11 So in original. Probably should be followed by a period. **(b) Benchmark requirements** Each plan established under this section shall include annual benchmarks to enable the Attorney General to assess the implementation of the plan, including— (1) qualitative goals and quantitative measures; and (2) a needs assessment, including estimated compliance costs. **(c) Compliance determination** Not later than the end of each fiscal year beginning after the date of the establishment of an implementation plan under this section, the Attorney General shall determine whether each State or Indian tribal government has achieved substantial compliance with the benchmarks included in the plan. **(d) Accountability** The Attorney General— (1) shall disclose and publish, including on the website of the Department of Justice— (A) the name of each State or Indian tribal government that received a determination of failure to achieve substantial compliance with an implementation plan under subsection (c) for the preceding fiscal year; and (B) a description of the reasons for which the Attorney General has determined that the State or Indian tribal government is not in substantial compliance with the implementation plan, including, to the greatest extent possible, a description of the types and amounts of records that have not been submitted; and (2) if a State or Indian tribal government described in paragraph (1) subsequently receives a determination of substantial compliance, shall— (A) immediately correct the applicable record; and (B) not later than 3 days after the determination, remove the record from the website of the Department of Justice and any other location where the record was published. **(e) Incentives** For each of fiscal years 2018 through 2022, the Attorney General shall give affirmative preference to all Bureau of Justice Assistance discretionary grant applications of a State or Indian tribal government that received a determination of substantial compliance under subsection (c) for the fiscal year in which the grant was solicited.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 922 — Unlawful acts

**(a)** It shall be unlawful— (1) for any person— (A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or (B) except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; (2) for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— (A) this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance with Federal, State, and local law to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector; (B) this paragraph shall not be held to preclude a licensed importer, licensed manufacturer, or licensed dealer from depositing a firearm for conveyance in the mails to any officer, employee, agent, or watchman who, pursuant to the provisions of [section 1715 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1715&num=0&edition=prelim), is eligible to receive through the mails pistols, revolvers,

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 921 — Definitions

**(a)** As used in this chapter— (1) The term “person” and the term “whoever” include any individual, corporation, company, association, firm, partnership, society, or joint stock company. (2) The term “interstate or foreign commerce” includes commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, but such term does not include commerce between places within the same State but through any place outside of that State. The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone). (3) 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. (4) The term “destructive device” means— (A) any explosive, incendiary, or poison gas— (i) bomb, (ii) grenade, (iii) rocket having a propellant charge of more than four ounces, (iv) missile having an explosive or incendiary charge of more than one-quarter ounce, (v) mine, or (vi) device similar to any of the devices described in the preceding clauses; (B) any type of weapon (other than a shotgun or a shotgun shell which the Attorney General finds is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 921

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 925A

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40901&num=0&edition=prelim)) (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section922/t&num=0&edition=prelim), 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, aft

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 925B

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 925C — Annual report to Congress

Not later than 1 year after the date of enactment of this section, and annually thereafter, the Attorney General shall submit to Congress a report detailing the following, broken down by Federal judicial district: (1) With respect to each category of persons prohibited by subsection (g) or (n) of section 922 or State law from receiving or possessing a firearm who are so denied a firearm— (A) the number of denials; (B) the number of denials referred to the Bureau of Alcohol, Tobacco, Firearms, and Explosives; (C) the number of denials for which the Bureau of Alcohol, Tobacco, Firearms, and Explosives determines that the person denied was not prohibited by subsection (g) or (n) of section 922 or State law from receiving or possessing a firearm; (D) the number of denials overturned through the appeals process of the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act ([34 U.S.C. 40901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40901&num=0&edition=prelim)); (E) the number of denials with respect to which an investigation was opened by a field division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; (F) the number of persons charged with a Federal criminal offense in connection with a denial; and (G) the number of convictions obtained by Federal authorities in connection with a denial. (2) The number of background check notices reported pursuant to section 925B (including the number of the notices that would have been so reported but for section 925B(c)).

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 925C

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 534 — Acquisition, preservation, and exchange of identification records and information; appointment of officials

**(a)** The Attorney General shall— (1) acquire, collect, classify, and preserve identification, criminal identification, crime, and other records; (2) acquire, collect, classify, and preserve any information which would assist in the identification of any deceased individual who has not been identified after the discovery of such deceased individual; (3) acquire, collect, classify, and preserve any information which would assist in the location of any missing person (including an unemancipated person as defined by the laws of the place of residence of such person) and provide confirmation as to any entry for such a person to the parent, legal guardian, or next of kin of that person (and the Attorney General may acquire, collect, classify, and preserve such information from such parent, guardian, or next of kin); (4) exchange such records and information with, and for the official use of, authorized officials of the Federal Government, including the United States Sentencing Commission, the States, including State sentencing commissions, Indian tribes, cities, and penal and other institutions; and (5) provide a person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18 with information necessary to verify whether firearms offered for sale to such licensees have been stolen. **(b)** The exchange of records and information authorized by subsection (a)(4) of this section is subject to cancellation if dissemination is made outside the receiving departments or related agencies, except for dissemination authorized under subsection (a)(5) of this section. **(c)** The Attorney General may appoint officials to perform the functions authorized by this section. **(d) Indian Law Enforcement Agencies.—** (1) **In general.—** — The Attorn

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 534

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 40302 — Funding for improvement of criminal records

(1) **Grants for the improvement of criminal records** — The Attorney General, through the Bureau of Justice Statistics, shall, subject to appropriations and with preference to States that, as of March 23, 2018, have the lowest percent currency of case dispositions in computerized criminal history files and that will utilize funding under this subsection to prioritize the identification and transmittal of felony conviction records and domestic violence records, make a grant to each State to be used— (A) for the creation of a computerized criminal history record system or improvement of an existing system; (B) to improve accessibility to the national instant criminal background system; (C) to assist the State in the transmittal of criminal records to the national system; and (D) to establish and achieve compliance with an implementation plan under [section 40917 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40917&num=0&edition=prelim). (2) **Authorization of appropriations** — There are authorized to be appropriated for grants under paragraph (1) a total of $200,000,000 for fiscal year 1994 and all fiscal years thereafter.

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 40302

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 40911 — Establishment

**(a) Determination of timetables** Not later than 6 months after November 30, 1993, the Attorney General shall— (1) determine the type of computer hardware and software that will be used to operate the national instant criminal background check system and the means by which State criminal records systems and the telephone or electronic device of licensees will communicate with the national system; (2) investigate the criminal records system of each State and determine for each State a timetable by which the State should be able to provide criminal records on an on-line capacity basis to the national system; and (3) notify each State of the determinations made pursuant to paragraphs (1) and (2). **(b) Establishment of system** (1) **In general** — Not later than 60 months after November 30, 1993, the Attorney General shall establish a national instant criminal background check system that any licensee may contact, by telephone or by other electronic means in addition to the telephone, for information, to be supplied immediately, on whether receipt of a firearm by a prospective transferee would violate [section 922 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section922&num=0&edition=prelim) or State law. (2) **Voluntary background checks** (A) *In general* — Not later than 90 days after June 25, 2022, the Attorney General shall promulgate regulations allowing licensees to use the national instant criminal background check system established under this section for purposes of voluntarily conducting an employment background check relating to a current or prospective employee. The Attorney General may not collect a fee for an employment background check under this subparagraph. (B) *Notice* — Before conducting an employment

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 40911

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 40914 — Enhancement of requirement that Federal departments and agencies provide relevant information to the National Instant Criminal Background Check System

**(a) Omitted** **(b) Provision and maintenance of NICS records** (1) **Department of Homeland Security** — The Secretary of Homeland Security shall make available to the Attorney General— (A) records, updated not less than quarterly, which are relevant to a determination of whether a person is disqualified from possessing or receiving a firearm under subsection (g) or (n) of [section 922 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section922&num=0&edition=prelim) for use in background checks performed by the National Instant Criminal Background Check System; and (B) information regarding all the persons described in subparagraph (A) of this paragraph who have changed their status to a category not identified under [section 922(g)(5) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section922/g/5&num=0&edition=prelim) for removal, when applicable, from the National Instant Criminal Background Check System. (2) **Department of Defense** (A) *In general* — Not later than 3 business days after the final disposition of a judicial proceeding conducted within the Department of Defense, the Secretary of Defense shall make available to the Attorney General records which are relevant to a determination of whether a member of the Armed Forces involved in such proceeding is disqualified from possessing or receiving a firearm under subsection (g) or (n) of [section 922 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section922&num=0&edition=prelim) for use in background checks performed by the National Instant Criminal Background Check System. (B) *Judicial proceeding defined* — In this paragraph, the term “judicial proceeding” means a hearing— (i) of which t

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 40914

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2201a — Use of firearms by security personnel

**(a) Definitions** In this section, the terms “handgun”, “rifle”, “shotgun”, “firearm”, “ammunition”, “machinegun”, “short-barreled shotgun”, and “short-barreled rifle” have the meanings given the terms in [section 921(a) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section921/a&num=0&edition=prelim). **(b) Authorization** Notwithstanding subsections (a)(4), (a)(5), (b)(2), (b)(4), and (o) of [section 922 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section922&num=0&edition=prelim), [section 925(d)(3) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section925/d/3&num=0&edition=prelim), [section 5844 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5844&num=0&edition=prelim), and any law (including regulations) of a State or a political subdivision of a State that prohibits the transfer, receipt, possession, transportation, importation, or use of a handgun, a rifle, a shotgun, a short-barreled shotgun, a short-barreled rifle, a machinegun, a semiautomatic assault weapon, ammunition for any such gun or weapon, or a large capacity ammunition feeding device, in carrying out the duties of the Commission, the Commission may authorize the security personnel of any licensee or certificate holder of the Commission (including an employee of a contractor of such a licensee or certificate holder) to transfer, receive, possess, transport, import, and use 1 or more such guns, weapons, ammunition, or devices, if the Commission determines that— (1) the authorization is necessary to the discharge of the official duties of the security personnel; and (2) the security personnel— (A) are not otherwise prohibited from possessing or receiv

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2201a

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