Five Sue Feds Over Wrongful Denials By NICS & Slow Appeals Process
And here we go again. This is just another example of what happens when people start calling for “stricter background checks” to obtain a gun instead of rendering justice upon those who deserve it. Five plaintiffs are now suing the federal government over the wrongful denials of their right to purchase a gun by the National Instant Criminal Background Check System.
The five men filing the lawsuit come from five different states: Florida, Idaho, Indiana, Mississippi and Texas. Though they were denied a sale of a firearm, the FBI has not moved on its appeals since 2015. That’s right, 2015!
The suit lists the FBI and US Attorney General Jeff Session as defendants.
The failure on the part of the FBI to act, effectively makes it impossible for these men to obtain a gun “legally,” and is a violation of the Fifth Amendment which denies them such liberty without an indictment nor a conviction.
The FBI needs to start processing these appeals timely,” one of the men’s attorneys, Stephen Stamboulieh, told Guns.com in an email. “If this was a voting issue the entire country would be up in arms, but since it’s just a Second Amendment issue no one cares.”
Some of the plaintiffs have been in limbo for years, and worse, they don’t know why. Daniel Umbert, a Florida man who tried to buy a suppressor last August is not prohibited from possessing a firearm under federal or state law but was denied in a letter that gave no specific reason.
Another man, who was charged with a crime in 1999 that was ultimately dismissed in 2011, was denied a rifle transfer last year but hasn’t heard anything about his appeal of that denial since last April.
A third, who had a previous felony conviction for receiving stolen property reclassified as a misdemeanor and has a current Indiana concealed carry permit, was suddenly denied a firearm transfer after passing several previous NICS checks.
A Mississippi man who was charged with possession of a fake ID and marijuana went on to have the convictions expunged from his record in 2008 but was disapproved earlier this year for a suppressor by the FBI.
The fifth plaintiff went to a pawnshop in Idaho in 2005 to reclaim a gun he had pawned only to be denied the transfer following a NICS check. Fast forward to this April and his appeal is still pending, with the FBI telling him that he had to research a pair of arrests in 1975 — one for writing on a public restroom and another for misdemeanor battery. The strangest part is that the man has passed numerous background checks in both California and Idaho since then and even held a federal firearms license for several years in the 1990s.
“This is a clear violation of our clients Second Amendment rights,” attorney Alan Beck told Guns.com. “My hope is that the Trump Administration becomes aware of the FBI conduct and corrects this policy. If not I expect the federal court to order them to comply with the U.S. Constitution.”
Beck claims that he has been contacted by at least 100 people in the past year over their slothful NICS appeals.
“This essentially mooted those cases, yet it is apparent that the issues underlying the present action are evading review and are repeating day in and day out,” the suit reads in part.
Of course, but this is what you get when you trade promised security for liberty, and what you get when you grow government in an area it has no business in and no constitutional authority.
You see friends, if justice was carried out against violent criminals, NICS would not even be an idea. NICS is only relevant in a society that will not impose justice. Prison is not justice, and neither is releasing violent criminals. Start executing justice and you will protect the rights of those who abide by the law.
Until then, there will simply be more of this infringement on the rights of the people.
Which FBI agent is going to be held accountable if one of these men is shot and killed? Not a single one of the lot. Yet, by dragging their feet, they are complicit in the infringement of these men and countless others’ rights.
The NICS system doesn’t need to be fixed. It needs to be abolished.
Article posted with permission from Freedom Outpost