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 referred to in sub- section (a)(1) of this section is granted with re- spect to an adjudication or a commitment to a mental institution or based upon a removal of a record under section 40912(c)(1)(B) of this title, the adjudication or commitment, as the case may be, is deemed not to have occurred for pur- poses of subsections (d)(4) and (g)(4) of section 922 of title 18. (Pub. L. 110–180, title I, § 105, Jan. 8, 2008, 121 Stat. 2569.) 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. § 40916. Illegal immigrant gun purchase notifica- tion (a) In general Notwithstanding any other provision of law or of this chapter, all records obtained by the Na- tional Instant Criminal Background Check sys- tem relevant to whether an individual is prohib- ited from possessing a firearm because such per- son is an alien illegally or unlawfully in the United States shall be made available to U.S. Immigration and Customs Enforcement. (b) Regulations The Attorney General, at his or her discretion, shall promulgate guidelines relevant to what records relevant to illegal aliens shall be pro- vided pursuant to the provisions of this chapter. (Pub. L. 110–180, title I, § 106, Jan. 8, 2008, 121 Stat. 2570.) 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. § 40917. Implementation plan (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 es- tablish, for each State or Indian tribal govern- ment, 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 es- tablished under section 40901 of this title 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 1 (b) Benchmark requirements Each plan established under this section shall include annual benchmarks to enable the Attor- ney General to assess the implementation of the plan, including— (1) qualitative goals and quantitative meas- ures; and (2) a needs assessment, including estimated compliance costs. (c) Compliance determination Not later than the end of each fiscal year be- ginning after the date of the establishment of an implementation plan under this section, the At- torney General shall determine whether each State or Indian tribal government has achieved substantial compliance with the benchmarks in- cluded 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 sub- section (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 imple- mentation plan, including, to the greatest