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18 U.S.C. § 925A — Remedy for erroneous denial of firearm
Federal law — U.S. Code and appendices · legal_authorities
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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Stable record: federal_law:legal_authorities:record_usc_eee280999d74638667884f54
Source file: Laws/federal/codes/united-states-code/title-18/section-925a-remedy-for-erroneous-denial-of-firearm--fed63a8587.md
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Passage SHA-256: 55e650d67f9cabba439d49143c635c41d7399ec72d4ffe5a735bdb5ea2991b61
Source location: Title 18, Chapter 44, § 925A; chapter-044-firearms.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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 substan
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 40901
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Privacy Act of 1974** Nothing in the Compact shall affect the obligations and responsibilities of the FBI under [section 552a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim) (commonly known as the “Privacy Act of 1974”).
**(b) Access to certain records not affected** Nothing in the Compact shall interfere in any manner with—
(1) access, direct or otherwise, to records pursuant to—
(A) [section 9101 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section9101&num=0&edition=prelim);
(B) the National Child Protection Act 11 See References in Text note below. [[34 U.S.C. 40101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40101&num=0&edition=prelim) et seq.];
(C) the Brady Handgun Violence Prevention Act (Public Law 103–159; 107 Stat. 1536);
(D) the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322; 108 Stat. 2074) or any amendment made by that Act;
(E) the United States Housing Act of 1937 ([42 U.S.C. 1437](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437&num=0&edition=prelim) et seq.); or
(F) the Native American Housing Assistance and Self-Determination Act of 1996 ([25 U.S.C. 4101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4101&num=0&edition=prelim) et seq.); or
(2) any direct access to Federal criminal history records authorized by law.
**(c) Authority of FBI under Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973** Nothing in the Compact shall be construed to affect the authority of the FBI under the Departments of State, Justice, and Commerce, the Judiciary, and Related Ag
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 40314
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Federal law — U.S. Code and appendices · legal_authorities
Page 261
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 925C
19, 1986, see section 110(b) of Pub. L. 99–308, set out as
a note under section 921 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–573 effective 15th day after
Oct. 30, 1984, see section 214(a), (b) of Pub. L. 98–573, set
out as a note under section 1304 of Title 19, Customs
Duties.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90–618 effective Dec. 16, 1968,
except subsecs. (a)(1) and (d) effective Oct. 22, 1968, see
section 105 of Pub. L. 90–618, set out as a note under sec-
tion 921 of this title.
EFFECTIVE DATE
Section effective 180 days after June 19, 1968, see sec-
tion 907 of Pub. L. 90–351, set out as a note under sec-
tion 921 of this title.
§ 925A. Remedy for erroneous denial of firearm
Any person denied a firearm pursuant to sub-
section (s) or (t) of section 922—
(1) due to the provision of erroneous infor-
mation relating to the person by any State or
political subdivision thereof, or by the na-
tional instant criminal background check sys-
tem 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 polit-
ical subdivision responsible for providing the er-
roneous information, or responsible for denying
the transfer, or against the United States, as the
case may be, for an order directing that the er-
roneous information be corrected or that the
transfer be approved, as the case may be. In any
action under this section, the court, in its dis-
cretion, may allow the prevailing party a rea-
sonable attorney’s fee as part of the costs.
(Added Pub. L. 103–159, title I, § 104(a), Nov. 30
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 925A
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