Jim Dandy,via presumption of innocence,I should not require any background check to excersize my 2nd ammendment rights.As it is,I am presumed a prohibited person until NICS proves othrerwise.
I would dispute that. Giving the government an opportunity to confirm or deny eligibility is not a presumption of guilt- ESPECIALLY
considering the correlation between Shall Issue laws, and NICS-
In both cases the government must provide a reason to deny or they "shall issue" approval.
Furthermore, if the NICS system does not reply in a given time, unless individual state law says otherwise, the FFL may proceed.