§ 421.130 - Removal of an individual's record from the NICS.

§ 421.130 Removal of an individual's record from the NICS.

(a) General. We will identify when the record of an individual that we previously identified for submission to the NICS under § 421.110 should be removed from the NICS database. We will notify the Attorney General, or his or her designate, that an individual's record should be removed from the NICS database only in the circumstances in paragraphs (b)(1) through (4) of this section.

(b) We will notify the Attorney General, or his or her designate, that an individual's record should be removed from the NICS when:

(1) We find that an individual whom we previously required to have benefit payments made through a representative payee is now capable of managing his or her benefit payments without the need for a representative payee;

(2) We are notified that the individual has died;

(3) We receive information that we reported an individual's record to the NICS in error (e.g., we reported to the NICS the record of an individual who does not have a primary diagnosis code in our records that is based on a mental impairment, or we reported the record of an individual who does not have a representative payee); or

(4) We grant the individual's request for relief under the rules in §§ 421.150 through 421.165, or a Federal court grants the individual's request for relief under the rules in § 421.170.