U.S. Code » Title 34 » Subtitle Subtitle IV— Criminal Records and Information › Chapter CHAPTER 409— NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM › Subchapter SUBCHAPTER I— TRANSMITTAL OF RECORDS

34 U.S.C. § 40915

Relief from disabilities program required as condition for participation in grant programs

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(a) Program describedA 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 person’s 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. 110–180, title I, § 105, Jan. 8, 2008, 121 Stat. 2569.)Editorial NotesCodification

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.

Notes of Decisions
Cited in 15 cases (13 in the last 5 years), 2017–2026 · leading case: Duy Mai v. United States, 952 F.3d 1106 (9th Cir. 2020).
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Duy Mai v. United States, 952 F.3d 1106 (9th Cir. 2020). · cites it 4× “Plaintiff’s second potential avenue for relief is through a state program that qualifies under 34 U.S.C. § 40915 . To qualify, the state’s program must “permit[] a person who, pursuant to State law, .”
Jefferies v. Sessions, 278 F. Supp. 3d 831 (E.D. Pa. 2017). “34 U.S.C. § 40915 (a)(2). . Id. . See Keyes v.”
Clifton v. United States Dep't of Just., 615 F. Supp. 3d 1185 (E.D. Cal. 2022). · cites it 12× “8 Second, the states may establish programs under 34 U.S.C. § 40915 to provide 9 opportunities for relief from the prohibition imposed by § 922(g)(4).”
K.I., No. 1:25-cv-00264 (N.D.N.Y. Mar. 2, 2026). · cites it 5× “See Susman, 2025 WL 575515 , at *12 (quoting 34 U.S.C. § 40915 ). In sum, § 922(g)(4) would continue to disarm Plaintiff even if this Court enjoined MHL § 7.”
In re N.S., 13 N.W.3d 811 (Iowa 2024). · cites it 4× “31 adopted verbatim the proof requirements from the federal act, 34 U.S.C. § 40915 , that conditioned funding on use of its language.”
In re N.S., 13 N.W.3d 811 (Iowa 2024). · cites it 4× “31 adopted verbatim the proof requirements from the federal act, 34 U.S.C. § 40915 , that conditioned funding on use of its language.”
Susman, No. 1:24-cv-01281 (W.D.N.Y. Mar. 31, 2026). · cites it 4× “See NICS Improvement Amendments Act of 2007 § 105 (codified at 34 U.S.C. § 40915 ). 5 Congress passed the law in response to two mass shootings—including one at the Virginia Polytechnic Institute and State University (“Virginia Tech”).”
Stokes v. U.S. Dep't of Just., 551 F. Supp. 3d 993 (N.D. Cal. 2021). · cites it 3× “” Since 1992, however, Congress has prohibited the use of funds to act on such 1 the states may establish programs under 34 U.S.C. § 40915 to provide opportunity for relief 2 from the ban of Section 922(g)(4).”
J.M.P., Jr. v. State of Texas, No. 05-22-00878-CV (Tex. App.—Dallas Mar. 19, 2024). · cites it 2× “§ 40913 (implementation assistance to the states); (4) 34 U.S.C. § 40915 (relief from disabilities program required as condition for participation in grant programs); (5) TEX.”
Roe 1 v. United States, No. 1:19-cv-00270 (E.D. Cal. Mar. 24, 2021). · cites it 2× “Currently, any state program that qualifies 23 under 34 U.S.C. § 40915 may provide relief from the disabilities imposed by federal law with 24 respect to the possession of firearms.”
In re N.F., 17 N.W.3d 667 (Iowa 2025). · cites it 2× “3d 811, 834 (Iowa 2024) (discussing 34 U.S.C. § 40915 ). One of those conditions was that the program had to “permit[] 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…”
United States v. James Gould, 146 F.4th 421 (4th Cir. 2025). · cites it 2× “See 34 U.S.C. § 40915 . 4 A state’s process suffices if it (1) allows a person to apply for relief (2) before a state court, board, or commission that will determine—consistent with principles of due process—whether “the person will not be likely to act in a manner dangerous to…”
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