34 USC § 40916 - Illegal immigrant gun purchase notification

---
identifier: "/us/usc/t34/s40916"
source: "usc"
legal_status: "official_prima_facie"
title: "34 USC § 40916 - Illegal immigrant gun purchase notification"
title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
section_number: "40916"
section_name: "Illegal immigrant gun purchase notification"
chapter_number: 409
chapter_name: "NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM"
subchapter_number: "I"
subchapter_name: "TRANSMITTAL OF RECORDS"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 110–180, title I, § 106, Jan. 8, 2008, 121 Stat. 2570.)"
---


# § 40916. Illegal immigrant gun purchase notification

**(a)** **In general** Notwithstanding any other provision of law or of this chapter, all records obtained by the National Instant Criminal Background Check system relevant to whether an individual is prohibited from possessing a firearm because such person is an alien illegally or unlawfully in the United States shall be made available to U.S. Immigration and Customs Enforcement.

**(b)** **Regulations** The Attorney General, at his or her discretion, shall promulgate guidelines relevant to what records relevant to illegal aliens shall be provided pursuant to the provisions of this chapter.

---

**Source Credit**: (Pub. L. 110–180, title I, § 106, Jan. 8, 2008, 121 Stat. 2570.)

## Editorial Notes

### Codification

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