---
kind: "section"
citation: "18 U.S.C. § 925B"
title: "18"
title_heading: "Crimes and Criminal Procedure"
number: "925B"
heading: "Reporting of background check denials to State authorities"
release: "119-102"
url: "https://uscodex.org/usc/18/925B"
units:
  - "Part I — Crimes"
  - "Chapter 44 — Firearms"
---

# §925B. Reporting of background check denials to State authorities

- (a) **In General.—** If the national instant criminal background check system established under section 103 of the Brady [Handgun](/usc/18/921.md?p=a-30) Violence Prevention Act ([34 U.S.C. 40901](/usc/34/40901.md)) (referred to in this section as “NICS”) provides a notice pursuant to [section 922(t)](/usc/18/922.md?p=t) that the receipt of a [firearm](/usc/18/921.md?p=a-3) by a [person](/usc/18/921.md?p=a-1) would violate subsection [(g)](/usc/18/922.md?p=g) or [(n)](/usc/18/922.md?p=n) of section 922 or [State](/usc/18/921.md?p=a-2), local, or Tribal law, the [Attorney General](/usc/18/921.md?p=a-18) shall, in accordance with [subsection (b)](#b) of this section—
  - (1) report to the [local law enforcement authority](/usc/18/921.md?p=a-36) of the [State](/usc/18/921.md?p=a-2) or Tribe where the [person](/usc/18/921.md?p=a-1) sought to acquire the [firearm](/usc/18/921.md?p=a-3) and, if different, the [local law enforcement authorities](/usc/18/921.md?p=a-36) of the [State](/usc/18/921.md?p=a-2) or Tribe of residence of the [person](/usc/18/921.md?p=a-1)—
    - (A) that the notice was provided;
    - (B) the Federal, [State](/usc/18/921.md?p=a-2), local or Tribal prohibition;
    - (C) the date and time the notice was provided;
    - (D) the location of the licensee where the [firearm](/usc/18/921.md?p=a-3) was sought to be transferred; and
    - (E) the identity of the [person](/usc/18/921.md?p=a-1); and
  - (2) where practicable, report the incident to [State](/usc/18/921.md?p=a-2) and local prosecutors or Tribal prosecutors in the jurisdiction where the [firearm](/usc/18/921.md?p=a-3) transfer was sought.
- (b) **Requirements for Report.—** A report is made in accordance with this subsection if the report is made under [subsection (a)](#a) within 24 hours after the NICS denies a [firearm](/usc/18/921.md?p=a-3) transfer in accordance with [section 922(t) of title 18](/usc/18/922.md?p=t), United States Code, except that the making of the report may be delayed for so long as is necessary to avoid compromising an ongoing investigation.
- (c) **Amendment of Report.—** If a report is made in accordance with [subsection (b)](#b) and, after such report is made, the Federal Bureau of Investigation determines that the receipt of a [firearm](/usc/18/921.md?p=a-3) by a [person](/usc/18/921.md?p=a-1) for whom the report was made would not violate subsection [(g)](/usc/18/922.md?p=g) or [(n)](/usc/18/922.md?p=n) of section 922 or [State](/usc/18/921.md?p=a-2), local, or Tribal law, the [Attorney General](/usc/18/921.md?p=a-18) shall notify any law enforcement authority and any prosecutor to whom the report was made of that determination.
- (d) **Rule of Construction.—** Nothing in [subsection (a)](#a) shall be construed to require a report with respect to a [person](/usc/18/921.md?p=a-1) to be made to the same [State](/usc/18/921.md?p=a-2) authorities that made the original denial determination with respect to the transfer of the [firearm](/usc/18/921.md?p=a-3).

## Source credit

(Added Pub. L. 117–103, div. W, title XI, § 1101(c), Mar. 15, 2022, 136 Stat. 919.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as a note under section 6851 of Title 15, Commerce and Trade.