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34 U.S.C. § 40913 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter, the following definitions shall apply:
(1) **Court order** — The term “court order” includes a court order (as described in [section 922(g)(8) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section922/g/8&num=0&edition=prelim)).
(2) **Mental health terms** — The terms “adjudicated as a mental defective” and “committed to a mental institution” have the same meanings as in [section 922(g)(4) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section922/g/4&num=0&edition=prelim).
(3) **Misdemeanor crime of domestic violence** — The term “misdemeanor crime of domestic violence” has the meaning given the term in [section 921(a)(33) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section921/a/33&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 40913
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Stable record: federal_law:legal_authorities:record_usc_d223b0247f00afcc22bdafce
Source file: Laws/federal/codes/united-states-code/title-34/section-40913-definitions--6f769228b0.md
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Source location: Title 34, Chapter 409, § 40913; chapter-409-national-instant-criminal-background-check-system.md
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As used in this chapter, the following definitions shall apply:
(1) **Court order** — The term “court order” includes a court order (as described in [section 922(g)(8) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section922/g/8&num=0&edition=prelim)).
(2) **Mental health terms** — The terms “adjudicated as a mental defective” and “committed to a mental institution” have the same meanings as in [section 922(g)(4) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section922/g/4&num=0&edition=prelim).
(3) **Misdemeanor crime of domestic violence** — The term “misdemeanor crime of domestic violence” has the meaning given the term in [section 921(a)(33) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section921/a/33&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(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,
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 922
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Beginning 3 years after January 8, 2008, a State shall be eligible to receive a waiver of the 10 percent matching requirement for National Criminal History Improvement Grants under [section 40301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40301&num=0&edition=prelim) if the State is in compliance with an implementation plan established under subsection (b) or provides at least 90 percent of the information described in subsection (c). The length of such a waiver shall not exceed 2 years.
**(b) State estimates**
(1) **Initial state estimate**
(A) *In general* — To assist the Attorney General in making a determination under subsection (a) of this section, and under [section 40914 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40914&num=0&edition=prelim), concerning the compliance of the States in providing information to the Attorney General for the purpose of receiving a waiver under subsection (a) of this section, or facing a loss of funds under [section 40914 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40914&num=0&edition=prelim), by a date not later than 180 days after January 8, 2008, each State shall provide the Attorney General with a reasonable estimate, as calculated by a method determined by the Attorney General and in accordance with [section 40914(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40914/d&num=0&edition=prelim), of the number of the records described in subparagraph (C) applicable to such State that concern persons who are prohibited from possessing or receiving a firearm under subsection (g) or (n) of [section 922 of title 18](https://uscode.
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 40915
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 632
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 40913
sons prohibited from possessing or receiving a
firearm under section 922(g)(4) of title 18, the At-
torney General shall work with States and local
law enforcement and the mental health commu-
nity to establish regulations and protocols for
protecting the privacy of information provided
to the system. The Attorney General shall make
every effort to meet with any mental health
group seeking to express its views concerning
these regulations and protocols and shall seek
to develop regulations as expeditiously as prac-
ticable.
(e) Attorney General report
Not later than January 31 of each year, the
Attorney General shall submit to the Com-
mittee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of
Representatives a report on the progress of
States in automating the databases containing
the information described in subsection (b) and
in making that information electronically avail-
able to the Attorney General pursuant to the re-
quirements of subsection (c).
(Pub. L. 110–180, title I, § 102, Jan. 8, 2008, 121
Stat. 2564; Pub. L. 115–141, div. S, title VI,
§ 603(a), Mar. 23, 2018, 132 Stat. 1135.)
Editorial Notes
CODIFICATION
Section was formerly classified in a note under sec-
tion 922 of Title 18, Crimes and Criminal Procedure,
prior to editorial reclassification and renumbering as
this section.
AMENDMENTS
2018—Subsec. (a). Pub. L. 115–141, § 603(a)(1), sub-
stituted ‘‘section 40301 of this title’’ for ‘‘the Crime
Identification Technology Act of 1988 (42 U.S.C. 14601)’’
and inserted ‘‘is in compliance with an implementation
plan established under subsection (b) or’’ before ‘‘pro-
vides at least 90 percent of the information described in
subsection (c)’’.
Source: Supplied 2024 U.S. Code historical extraction · 34 U.S.C. § 40913
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.