---
kind: "section"
citation: "34 U.S.C. § 40915"
title: "34"
title_heading: "Crime Control and Law Enforcement"
number: "40915"
heading: "Relief from disabilities program required as condition for participation in grant programs"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/34/40915"
units:
  - "Subtitle IV — Criminal Records and Information"
  - "Chapter 409 — National Instant Criminal Background Check System"
  - "Subchapter I — Transmittal of Records"
---

# §40915. Relief from disabilities program required as condition for participation in grant programs

- (a) **Program described—** A relief from disabilities program is implemented by a [State](/usc/34/40104.md?p=11) in accordance with this section if the program—
  - (1) permits a person who, pursuant to [State](/usc/34/40104.md?p=11) law, has been adjudicated as described in subsection (g)(4) of [section 922 of title 18](/usc/18/922.md) or has been [committed to a mental institution](/usc/34/40903.md?p=2), to apply to the [State](/usc/34/40104.md?p=11) for relief from the disabilities imposed by subsections [(d)(4)](/usc/18/922.md?p=d-4) and [(g)(4)](/usc/18/922.md?p=g-4) of such section by reason of the adjudication or commitment;
  - (2) provides that a [State](/usc/34/40104.md?p=11) court, board, commission, or other lawful authority shall grant the relief, pursuant to [State](/usc/34/40104.md?p=11) law and in accordance with the principles of due process, if the circumstances regarding the disabilities referred to in [paragraph (1)](#a-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](/usc/34/40104.md?p=11) 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](/usc/34/40104.md?p=11) relief from disabilities program implemented in accordance with this section, an application for relief referred to in [subsection (a)(1)](#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](/usc/34/40912.md?p=c-1-B), 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](/usc/18/922.md).

## Source credit

(Pub. L. 110–180, 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.