Page:United States Statutes at Large Volume 107 Part 2.djvu/591

 PUBLIC LAW 103-159—NOV. 30, 1993 107 STAT. 1543 (1) LICENSEE.— The term "licensee" means a licensed importer (as defined in section 921(a)(9) of title 18, United States Code), a licensed manufacturer (as defined in section 921(a)(10) of that title), or a licensed dealer (as defined in section 921(a)(ll) of that title). (2) OTHER TERMS.— The terms "firearm", "handgun" "licensed importer", "licensed manufacturer", and licensed dealer" have the meanings stated in section 921(a) of title 18, United States Code, as amended by subsection (a)(2). (k) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated, which may be appropriated from the Violent Crime Reduction Trust Fund established by section 1115 of title 31, United States Code, such sums as are necessary to enable the Attorney General to carry out this section. SEC. 104. REMEDY FOR ERRONEOUS DENIAL OF FIREARM. (a) IN GENERAL. — C/ hapter 44 of title 18, United States Code, is amended by inserting after section 925 the following new section: ^§ 925A. Remedy for erroneous denial of firearm "Any person denied a firearm pursuant to subsection (s) or (t) of section 922— "(1) due to the provision of erroneous information relating to the person by any State or political subdivision thereof, or by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act; or "(2) who was not prohibitedfi*omreceipt of a firearm pursuant to subsection (g) or (n) of section 922, may bring an action agednst the State or political subdivision responsible for providing the erroneous information, or responsible for denying the transfer, or against the United States, as the case may be, for an order directing that the erroneous information be corrected or that the transfer be approved, as the case may be. In any action under this section, the court, in its discretion, may allow the prevailing party a reasonable attomej^s fee as part of the costs.". (b) TECHNICAL AMENDMENT.—The chapter analysis for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 925 the following new item: '^25A. Remedy for erroneous denial of firearm.". SEC. 106. RULE OF CONSTRUCTION. 18 USC 921 note. This Act and the amendments made by this Act shall not be construed to alter or impair any right or remedy under section 552a of title 5, United States Code. SEC. 106. FUNDING FOR IMPROVEMENT OF CRIMINAL RECORDS. (a) USE OF FORMULA GRANTS. —Section 509(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3759(b)) is amended— (1) in paragraph (2) by striking "and" after the semicolon; (2) in paragraph (3) by striking the period and inserting "; and"; and (3) by adding at the end the following new paragraph: "(4) the improvement of State record systems and the sharing with the Attorney General of all of the records described in paragraphs (1), (2), and (3) of this subsection and the records

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