The Firing Line Forums - View Single Post - New to the firing line

NathanHoln · October 14, 2018, 02:59 AM

I am dealing with a denial after having had probably 30 successful transfers in the past.

NICS has an appeal system but they had actually stopped processing appeals for erroneous denials a few years ago due to the high volume of them. In 2017 they "started" processing them, and state they are processing the caseload from August 2015 IIRC, and they have been on that month for about a year, so it's possible that they are still not processing them.
There is an ongoing lawsuit because the delay/denial tactics the FBI is using is basically the "first take the guns then do due process later" in action, denying law abiding citizens from obtaining the firearm to begin with and then making them wait 5+ years for the appeal process go through, with all these little caveats such as all the appeal material has to be sent with the initial appeal, it is your responsibility to show that their records are in error (even in the case of non-existence of records), you have to annually contact them to let them know you are still appealing of the appeal with be dropped.
There is even a convenient change of address form for your appeal, since you will probably move at least once before your appeal gets through.
The NRA/ILA (I think) suit is the best hope to get this cleared up, both the current and previous administrations have had the same policy towards erroneous denials, so a ruling that erroneous denials without a speedy remedy is a de-facto denial of constitutionally enumerated rights and an order to process appeals in a timely manner would do wonders to end this back-door gun control.

October 14, 2018, 02:59 AM	#11
NathanHoln Member Join Date: September 23, 2018 Posts: 16	I am dealing with a denial after having had probably 30 successful transfers in the past. NICS has an appeal system but they had actually stopped processing appeals for erroneous denials a few years ago due to the high volume of them. In 2017 they "started" processing them, and state they are processing the caseload from August 2015 IIRC, and they have been on that month for about a year, so it's possible that they are still not processing them. There is an ongoing lawsuit because the delay/denial tactics the FBI is using is basically the "first take the guns then do due process later" in action, denying law abiding citizens from obtaining the firearm to begin with and then making them wait 5+ years for the appeal process go through, with all these little caveats such as all the appeal material has to be sent with the initial appeal, it is your responsibility to show that their records are in error (even in the case of non-existence of records), you have to annually contact them to let them know you are still appealing of the appeal with be dropped. There is even a convenient change of address form for your appeal, since you will probably move at least once before your appeal gets through. The NRA/ILA (I think) suit is the best hope to get this cleared up, both the current and previous administrations have had the same policy towards erroneous denials, so a ruling that erroneous denials without a speedy remedy is a de-facto denial of constitutionally enumerated rights and an order to process appeals in a timely manner would do wonders to end this back-door gun control.