FOIA Reveals FBI Ignored Statutory Deadlines for NICS Appeals

[Bartholomew Roberts]

This information is a bit dated as the FOIA request was made in April 2016 and just now received. The request reveals that despite a five-day deadline to process NICs appeals, the FBI stopped processing appeals on 11/25/2015.

The law firm at issue has filed a lawsuit over this and is looking for people who may have had their appeal denied: http://www.sdslaw.us/single-post/201...rom-April-2016

[thallub]

From an NRA article at the time:

In what was dubbed a “makeshift reorganization” in a January 20 USA Today article, employees tasked with reviewing NICS appeals have been “temporarily” reassigned to assist with the considerable increase in background checks. According to the article, this has created a backlog of 7,100 denial appeals.

https://www.nraila.org/articles/2016...denial-appeals

[Bartholomew Roberts]

I’m curious how long that “temporary” suspension lasted. It looks like at least 60 days at a minimum, and that’s assuming the suspension stopped the day after the USA Today article.

[thallub]

Methinks the program lasted for at least several months.

[riffraff]

I cant open the link but something doesnt add up with the 5 day window. Routinely my understanding is they are 6 months or more behind - maybe that 5 days is related to an initial response?

This is one area, nics appeals, that needs a court challenge and more regulation to control our government. The current process holds no one accountable for errors, puts the full burden on the citiczen who's rights were infringed, and is not subject to any real statutory time limit for resolution.

[Bartholomew Roberts]

It looks as though the FBI has been just denying at least some appeals without consideration. In at least five cases, FBI granted permission as soon as a suit was filed in D.C. federal court (thus making the lawsuits moot).

The current suit alleges this is a policy choice and a recurring issue such that the court should address it even if the FBI does grant the appeal. The idea being that the law requires the FBI to process everyone’s appeal - not just those who can afford to file suit.

http://www.sdslaw.us/single-post/201...e-NICS-denials

[thallub]

Good find Mr. Roberts.

According to this article dated May, 2017 the FBI was working on appeals from 2015:

In October 2015, citing manpower shortages, NICS stopped accepting appeals altogether. The FBI didn’t restore the function until February of this year, but examiners are still working on appeals submitted almost two years ago.

https://www.thetrace.org/2017/05/tru...-check-system/

The site above is very informative. Found it this am by googling.

[Bartholomew Roberts]

“The Trace” is a Bloomberg pro-gun control site; but it does often link to or reference good primary source information. After all, Bloomberg pretty much made his fortune by gathering and reporting accurate information. The Trace is often better at reporting gun issues fairly than most major news organizations, though they certainly have a bias.

So, it would seem that nobody who appealed a denial from November 25, 2015 through February 2017 has had their appeal even heard unless they sued in federal court. Appeals are currently being heard again; but are now backlogged two years - meaning if you appeal your denial today, you might get an answer sometime in 2020 unless something changes or you sue.

[rickyrick]

They did manage to throw in a Trump fired Comey stab. In the above linked article. Not sure why these organizations can’t just be politically neutral. Just give us the information, we are smart adults. I was reading along thinking all was good, then bam... political rhetoric that has now soiled my impression of the article.

[thallub]

Yeah, it's run by anti-gunner Bloomberg and his minions. But they did discuss the backlog of NICS appeals.

i found another piece by a gent who sued the FBI last year. That piece confirmed the nearly two year backlog.