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Originally Posted by jdc1244
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In the case of the VA and SSA reporting people to NICS, there is no process, let alone due process. There's no hearing -- someone sees that the person appointed a third-party payee, and BOOM! Off goes a report to NICS. And there isn't even any notification to the individual that they've been reported so there's no way they would know to appeal -- even if there were an avenue for appeal.
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Wrong.
There is an appeal process for anyone denied purchasing a firearm due to a NICS background check, regardless of the reporting agency.
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In order to appeal, you have to know there's something to appeal about. In the case of people who are reported because they appointed a third-party payee, unless they try to buy a firearm through an FFL and get a NICS denial, they have no way of knowing they've even been reported. You can't appeal what you don't know about.
Technically, the appeal you're talking about is an appeal of the NICS denial, it's not an appeal of the initial report that put the person on the NICS blacklist in the first place.