US Code

Public Law 119-73 (01/23/2026)

34 U.S.C. § 40912

Requirements to obtain waiver

(a)

In general

section 40301 of this titleBeginning 3 years after , a State shall be eligible to receive a waiver of the 10 percent matching requirement for National Criminal History Improvement Grants under 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

section 40914 of this titlesection 40914 of this titlesection 40914(d) of this titlesection 922 of title 18To assist the Attorney General in making a determination under subsection (a) of this section, and under , 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 , by a date not later than 180 days after , 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 , 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 .

(B)

Failure to provide initial estimate

section 40913 of this titlesection 40917 of this titleA 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 , until such date as it provides such estimate to the Attorney General or has established an implementation plan under .

(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)
section 922(g)(3) of title 18 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 as in effect on ) 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)
section 922(g)(4) of title 18 A record that identifies a person who has been adjudicated as a mental defective or committed to a mental institution, consistent with and whose record is not protected from disclosure to the Attorney General under any provision of State or Federal law.
(v)
section 922(g)(8) of title 18 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 .
(vi)
section 921(a)(33) of title 18 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 .
(2)

Scope

section 40914 of this titlesection 922 of title 18The Attorney General, in determining the compliance of a State under this section or 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 .

(3)

Clarification

section 922 of title 18Notwithstanding 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 , 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

section 922 of title 18From 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 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

section 922(g)(4) of title 18The 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 .

(d)

Privacy protections

section 922(g)(4) of title 18For 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 , 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).

Pub. L. 110–180, title I, § 102121 Stat. 2564Pub. L. 115–141, div. S, title VI, § 603(a)132 Stat. 1135(, , ; , , .)

Editorial Notes

Codification

section 922 of Title 18Section was formerly classified in a note under , Crimes and Criminal Procedure, prior to editorial reclassification and renumbering as this section.

Amendments

Pub. L. 115–141, § 603(a)(1)section 40301 of this title42 U.S.C. 146012018—Subsec. (a). , substituted “” for “the Crime Identification Technology Act of 1988 ()” and inserted “is in compliance with an implementation plan established under subsection (b) or” before “provides at least 90 percent of the information described in subsection (c)”.

Pub. L. 115–141, § 603(a)(2)section 40917 of this titleSubsec. (b)(1)(B). , inserted “or has established an implementation plan under ” after “the Attorney General”.