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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.
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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.