---
kind: "section"
citation: "34 U.S.C. § 40916"
title: "34"
title_heading: "Crime Control and Law Enforcement"
number: "40916"
heading: "Illegal immigrant gun purchase notification"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/34/40916"
units:
  - "Subtitle IV — Criminal Records and Information"
  - "Chapter 409 — National Instant Criminal Background Check System"
  - "Subchapter I — Transmittal of Records"
---

# §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.)

## 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.