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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 34 U.S.C. § 40915 Relief from disabilities program required as condition for participation in grant programs us united_states_code code_section 34 CRIME CONTROL AND LAW ENFORCEMENT 409 NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM 40915 34 U.S.C. § 40915 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc34@119-100.zip /us/usc/t34/s40915 data/legal/raw/us/code/title-34/usc34.xml 56b4c6d662bfdb31e540aa30d90eeaece41953a7976b272c5cd245518c0a5412 7528207b20373f75fea96478ab5313727f47852e5364ee8c5ea18909f66a9da3 4b5501e93382c1a49a2240cece90753a5094719614fb81d41a36b6493ebb1e4f 2026-07-04 official
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34 U.S.C. § 40915 - Relief from disabilities program required as condition for participation in grant programs

Text

(a) Program described A relief from disabilities program is implemented by a State in accordance with this section if the program—

(1) permits a person who, pursuant to State law, has been adjudicated as described in subsection (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 disabilities 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, commission, or other lawful authority shall grant the relief, pursuant to State law and in accordance with the principles of due process, if the circumstances regarding the disabilities referred to in paragraph (1), and the persons record and reputation, are such that the person will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public 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 disabilities with respect to firearms If, under a State relief from disabilities program implemented in accordance with this section, an application for relief referred to in subsection (a)(1) of this section is granted with respect 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 purposes of subsections (d)(4) and (g)(4) of section 922 of title 18.

(Pub. L. 110180, title I, § 105, Jan. 8, 2008, 121 Stat. 2569.)

Notes

Editorial Notes

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