View all text of Subchapter I [§ 40911 - § 40917]
§ 40912. Requirements to obtain waiver
(a) In general
(b) State estimates
(1) Initial state estimate
(A) In general
(B) Failure to provide initial estimate
(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 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 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.
(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.
(2) Scope
(3) Clarification
(c) Eligibility of State records for submission to the National Instant Criminal Background Check System
(1) Requirements for eligibility
(A) In general
(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
(D) Inclusion of all records
(2) Application to persons convicted of misdemeanor crimes of domestic violence
(3) Application to persons who have been adjudicated as a mental defective or committed to a mental institution
(d) Privacy protections
(e) Attorney General report
(Pub. L. 110–180, title I, § 102, Jan. 8, 2008, 121 Stat. 2564; Pub. L. 115–141, div. S, title VI, § 603(a), Mar. 23, 2018, 132 Stat. 1135.)