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34 U.S.C. § 40915 — Requirements to obtain waiver

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34 U.S.C. § 40915 — Requirements to obtain waiver

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Source location: Title 34, Chapter 409, § 40915; chapter-409-national-instant-criminal-background-check-system.md

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**(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.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section922&num=0&edition=prelim). (B) *Failure to provide initial estimate* — A State that fails to provide an estimate described in subparagraph (A) by the date required under such subparagraph shall be ineligible to receive any funds under [section 40913 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40913&num=0&edition=prelim), until such date as it provides such estimate to the Attorney General or has established 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). (C) *Record defined* — For purposes of subparagraph (A), a record is the following: (i) A record that identifies a person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year. (ii) A record that identifies a person for whom an indictment has been returned for a crime punishable by imprisonment for a term exceeding 1 year that is valid under the laws of the State involved or who is a fugitive from justice, as of the date of the estimate, and for which a record of final disposition is not available. (iii) A record that identifies a person who is an unlawful user of, or addicted to a controlled substance (as such terms “unlawful user” and “addicted” are respectively defined in regulations implementing [section 922(g)(3) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section922/g/3&num=0&edition=prelim) as in effect on January 8, 2008) as demonstrated by arrests, convictions, and adjudications, and whose record is not protected from disclosure to the Attorney General under any provision of State or Federal law. (iv) A record that identifies a person who has been adjudicated as a mental defective or committed to a mental institution, consistent with [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) and whose record is not protected from disclosure to the Attorney General under any provision of State or Federal law. (v) A record that is electronically available and that identifies a person who, as of the date of such estimate, is subject to a court order 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). (vi) A record that is electronically available and that identifies a person convicted in any court of a misdemeanor crime of domestic violence, as defined 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). (2) **Scope** — The Attorney General, in determining the compliance of a State under this section or [section 40914 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40914&num=0&edition=prelim) for the purpose of granting a waiver or imposing a loss of Federal funds, shall assess the total percentage of records provided by the State concerning any event occurring within the prior 20 years, which would disqualify a person from possessing 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). (3) **Clarification** — Notwithstanding paragraph (2), States shall endeavor to provide the National Instant Criminal Background Check System with all records concerning persons who are prohibited 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), regardless of the elapsed time since the disqualifying event. **(c) Eligibility of State records for submission to the National Instant Criminal Background Check System** (1) **Requirements for eligibility** (A) *In general* — From the information collected by a State, the State shall make electronically available to the Attorney General records 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) or applicable State law. (B) *NICS updates* — The State, on being made aware that the basis under which a record was made available under subparagraph (A) does not apply, or no longer applies, shall, as soon as practicable— (i) update, correct, modify, or remove the record from any database that the Federal or State government maintains and makes available to the National Instant Criminal Background Check System, consistent with the rules pertaining to that database; and (ii) notify the Attorney General that such basis no longer applies so that the record system in which the record is maintained is kept up to date. The Attorney General upon receiving notice pursuant to clause (ii) shall ensure that the record in the National Instant Criminal Background Check System is updated, corrected, modified, or removed within 30 days of receipt. (C) *Certification* — To remain eligible for a waiver under subsection (a), a State shall certify to the Attorney General, not less than once during each 2-year period, that at least 90 percent of all records described in subparagraph (A) has been made electronically available to the Attorney General in accordance with subparagraph (A). (D) *Inclusion of all records* — For purposes of this paragraph, a State shall identify and include all of the records described under subparagraph (A) without regard to the age of the record. (2) **Application to persons convicted of misdemeanor crimes of domestic violence** — The State shall make available to the Attorney General, for use by the National Instant Criminal Background Check System, records relevant to a determination of whether a person has been convicted in any court of a misdemeanor crime of domestic violence. With respect to records relating to such crimes, the State shall provide information specifically describing the offense and the specific section or subsection of the offense for which the defendant has been convicted and the relationship of the defendant to the victim in each case. (3) **Application to persons who have been adjudicated as a mental defective or committed to a mental institution** — The State shall make available to the Attorney General, for use by the National Instant Criminal Background Check System, the name and other relevant identifying information of persons adjudicated as a mental defective or those committed to mental institutions to assist the Attorney General in enforcing [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). **(d) Privacy protections** For any information provided to the Attorney General for use by the National Instant Criminal Background Check System, relating to persons prohibited from possessing or receiving a firearm under [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), the Attorney General shall work with States and local law enforcement and the mental health community 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 practicable. **(e) Attorney General report** Not later than January 31 of each year, the Attorney General shall submit to the Committee 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 available to the Attorney General pursuant to the requirements of subsection (c).

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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

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

34 U.S.C. § 40301 — State grant program for criminal justice identification, information, and communication

**(a) In general** Subject to the availability of amounts provided in advance in appropriations Acts, the Office of Justice Programs relying principally on the expertise of the Bureau of Justice Statistics shall make a grant to each State, in a manner consistent with the national criminal history improvement program, which shall be used by the State, in conjunction with units of local government, State and local courts, other States, or combinations thereof, to establish or upgrade an integrated approach to develop information and identification technologies and systems to— (1) upgrade criminal history and criminal justice record systems, including systems operated by law enforcement agencies and courts; (2) improve criminal justice identification; (3) promote compatibility and integration of national, State, and local systems for— (A) criminal justice purposes; (B) firearms eligibility determinations; (C) identification of all individuals who have been convicted of a crime punishable by imprisonment for a term exceeding 1 year 11 So in original. Probably should be followed by a semicolon. (D) identification of sexual offenders; (E) identification of domestic violence offenders; and (F) background checks for other authorized purposes unrelated to criminal justice; and (4) capture information for statistical and research purposes to improve the administration of criminal justice. **(b) Use of grant amounts** Grants under this section may be used for programs to establish, develop, update, or upgrade— (1) State centralized, automated, adult and juvenile criminal history record information systems, including arrest and disposition reporting; (2) automated fingerprint identification systems that are compatible with standards established by the Natio

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

42 U.S.C. § 14601 — Transferred

### Statutory Notes #### Codification Section 14601 was editorially reclassified as [section 40301 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40301&num=0&edition=prelim), Crime Control and Law Enforcement.

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34 U.S.C. § 40917 — Penalties for noncompliance

**(a) Attorney General report** (1) **In general** — Not later than January 31 of each year, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the progress of the States in automating the databases containing information described under sections 40912 and 40913 of this title, and in providing that information pursuant to the requirements of sections 40912 and 40913 of this title. (2) **Authorization of appropriations** — There are authorized to be appropriated to the Department of Justice, such funds as may be necessary to carry out paragraph (1). **(b) Penalties** (1) **Discretionary reduction** (A) During the 2-year period beginning 3 years after January 8, 2008, the Attorney General may withhold not more than 3 percent of the amount that would otherwise be allocated to a State under [section 10156 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10156&num=0&edition=prelim) if the State provides less than 50 percent of the records required to be provided under sections 40912 and 40913 of this title. (B) During the 5-year period after the expiration of the period referred to in subparagraph (A), the Attorney General may withhold not more than 4 percent of the amount that would otherwise be allocated to a State under [section 10156 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10156&num=0&edition=prelim) if the State provides less than 70 percent of the records required to be provided under sections 40912 and 40913 of this title. (2) **Mandatory reduction** — After the expiration of the periods referred to in paragraph (1), the Attorney General shall withhold 5 per

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34 U.S.C. § 40913 — Definitions

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

34 U.S.C. § 40903 — Disposition records automation and transmittal improvement grants

**(a) Grants authorized** From amounts made available to carry out this section, the Attorney General shall make grants to each State, consistent with State plans for the integration, automation, and accessibility of criminal history records, for use by the State court system to improve the automation and transmittal of criminal history dispositions, records relevant to determining whether a person has been convicted of a misdemeanor crime of domestic violence, court orders, and mental health adjudications or commitments, to Federal and State record repositories in accordance with sections 40912 and 40913 of this title and the National Criminal History Improvement Program. **(b) Grants to Indian tribes** Up to 5 percent of the grant funding available under this section may be reserved for Indian tribal governments for use by Indian tribal judicial systems. **(c) Use of funds** Amounts granted under this section shall be used by the State court system only— (1) to carry out, as necessary, assessments of the capabilities of the courts of the State for the automation and transmission of arrest and conviction records, court orders, and mental health adjudications or commitments to Federal and State record repositories; and (2) to implement policies, systems, and procedures for the automation and transmission of arrest and conviction records, court orders, and mental health adjudications or commitments to Federal and State record repositories. **(d) Eligibility** To be eligible to receive a grant under this section, a State shall certify, to the satisfaction of the Attorney General, that the State has implemented a relief from disabilities program in accordance with [section 40915 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-sectio

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 40903

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34 U.S.C. § 40916 — Implementation assistance to States

**(a) Authorization** (1) **In general** — From amounts made available to carry out this section and subject to [section 40912(b)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40912/b/1/B&num=0&edition=prelim), the Attorney General shall make grants to States and Indian tribal governments, in a manner consistent with the National Criminal History Improvement Program, which shall be used by the States and Indian tribal governments, in conjunction with units of local government and State and local courts, to establish or upgrade information and identification technologies for firearms eligibility determinations. Not less than 3 percent, and no more than 10 percent of each grant under this paragraph shall be used to maintain the relief from disabilities program in accordance with [section 40915 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40915&num=0&edition=prelim). (2) **Grants to Indian tribes** — Up to 5 percent of the grant funding available under this section may be reserved for Indian tribal governments, including tribal judicial systems. **(b) Use of grant amounts** Grants awarded to States or Indian tribes under this section may only be used to— (1) create electronic systems, which provide accurate and up-to-date information which is directly related to checks under the National Instant Criminal Background Check System (referred to in this section as “NICS”), including court disposition and corrections records; (2) assist States in establishing or enhancing their own capacities to perform NICS background checks; (3) supply accurate and timely information to the Attorney General concerning final dispositions of criminal records to databases accessed by NICS, inclu

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34 U.S.C. § 40915 — Relief from disabilities program required

Page 634 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40915 1 So in original. Probably should be followed by a period. 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. § 40915. Relief from disabilities program required as condition for participation in grant pro- grams (a) Program described A relief from disabilities program is imple- mented by a State in accordance with this sec- tion if the program— (1) permits a person who, pursuant to State law, has been adjudicated as described in sub- section (g)(4) of section 922 of title 18 or has been committed to a mental institution, to apply to the State for relief from the disabil- ities imposed by subsections (d)(4) and (g)(4) of such section by reason of the adjudication or commitment; (2) provides that a State court, board, com- mission, or other lawful authority shall grant the relief, pursuant to State law and in ac- cordance with the principles of due process, if the circumstances regarding the disabilities referred to in paragraph (1), and the person’s record and reputation, are such that the per- son will not be likely to act in a manner dan- gerous to public safety and that the granting of the relief would not be contrary to the pub- lic interest; and (3) permits a person whose application for the relief is denied to file a petition with the State court of appropriate jurisdiction for a de novo judicial review of the denial. (b) Authority to provide relief from certain dis- abilities with respect to firearms If, under a State relief from disabilities pro- gram implemented in accordance with this sec- tion, an application for relief refer

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