28 CFR § 105.22(e) [28 CFR PART 105—CRIMINAL HISTORY BACKGROUND CHECKS: Subpart C—Private Security Officer Employment]
As used in this subpart:
(e) Participating State
means a State that has not elected to opt out of participating in the Act by statutory enactment or gubernatorial order. A State may decline to participate in the background check system authorized by the Act by enacting a law or issuing an order by the Governor (if consistent with state law) providing that the State is declining to participate. The regulations in this subpart that pertain to States apply only to participating states.