FBI Reverses NICS Denial after Lawsuit Filed

By David Codrea

Churchill_V_sign_HU_55521
Victory can ultimately come to those who struggle and refuse to give up, but when it comes to RKBA in this country, the government isn‘t supposed to be our biggest adversary. (United Kingdom Government/Imperial War Museums)
AmmoLand Gun News
AmmoLand Gun News

USA –  -(Ammoland.com)- A citizen denied his right to purchase a firearm even though he is not a prohibited person has won admission from the government that his appeal has been recognized, Stamboulieh Law, PLLC announced Thursday.  The client has been trying since 2010 to get his denial reversed.

It took retaining a lawyer and filing suit in the United States District Court for the District of Columbia to force the needed government review of the case, and to finally obtain a positive response:

This letter is in response to your inquiry concerning your eligibility to possess or receive firearms. The certified court documentation and/or other pertinent materials submitted have been reviewed. Based on further review and investigation, we have been able to determine you are eligible to posses or receive a firearm. The FBI Criminal Justice Information Services (CJIS) Division's NICS Section Firearm Appeal Certificates are enclosed.

Regular AmmoLand Shooting Sports News readers of this column are familiar with attorney Stephen Stamboulieh. He is currently challenging New Jersey carry permit denials and working with the Heller Foundation on appeals in two machine gun cases. Last week it was reported he is representing this correspondent and Kent Terry, brother of slain Border Patrol Agent Brian Terry, in a Freedom of Information Act request to determine what State Department communications documents may exist relative to Operation Fast and Furious “gunwalking.”

“While we are certainly pleased with the result, the length of time for appeals is yet another roadblock set up to deny people their fundamental right to keep and bear arms, and it should not have taken an attorney to prove that he was not a prohibited person,” Stamboulieh noted in his announcement.

“The interesting part of this: he appealed a denial in 2010 which apparently was only just handled now after we filed suit. 2010! We have one other case pending in DC right now with a number of cases yet to be filed. Stay tuned for further updates.”

That brings up vital points involving due process and equal treatment under the law. A citizen without the persistence, wherewithal and good fortune of contacting an attorney that is both interested and capable would still be denied his fundamental right to keep and bear arms by the very government that has as one of its primary mandates “to secure the Blessings of Liberty.”

A government that, rather than working to fulfill that requirement has to be dragged kicking and screaming — and to only grudgingly give in when it has no other legal choice — is actively undermining its entire justification for existence.

That goes beyond deliberate indifference to rights. It is active subversion of them.

David Codrea in his natural habitat.

About David Codrea:

David Codrea is the winner of multiple journalist awards for investigating / defending the RKBA and a long-time gun rights advocate who defiantly challenges the folly of citizen disarmament.

In addition to being a field editor/columnist at GUNS Magazine and associate editor for Oath Keepers, he blogs at “The War on Guns: Notes from the Resistance,” and posts on Twitter: @dcodrea and Facebook.

30
Leave a Reply

Please Login to comment
12 Comment threads
18 Thread replies
0 Followers
 
Most reacted comment
Hottest comment thread
20 Comment authors
JohnJoe FridayJeff MacDonaldKim StolferStephen Recent comment authors
  Subscribe  
Notify of
Joe Friday
Guest
Joe Friday

I have fought for the better part of 30 years to have my “record corrected”. I have sent court documents that support my position, multiple fingerprint cards, multiple $18.00 FBI fees, paid over $2, 300.00 dollars for copies of documents, research of archives, and attorney fees to date, all to get my FBI-CJIS “rap sheet” corrected. In August of this year, after a 30 year battle, I received my corrected, updated FBI file. Since August, I have been “DENIED” on two firearms purchases and cannot get a response from NICS as to why. Appeals go un-answered. The FBI NICS and… Read more »

John
Guest
John

I’ve done it pro-se, filed in US District Coutn in Tacoma on Feb 7th and interestingly received two denial appeal reversals (now approved) AND the VAF UPIN I asked for in a DOJ letter dated Feb 5th?? I submitted the Complaint on Feb 4th but the office was closed due to weather…..so does the DOJ have unfettered access to the federal couts or was everything mysteriously approved two years after the denial but the day after I submitted th suit? Inhave not dropped my suit, it is a Civil Rights suit and the approvals do not erase the fact that… Read more »

Kim Stolfer
Guest
Kim Stolfer

This conduct is reprehensible and there should be accountability (aka-punishment) for this unlawful conduct. Here in Pennsylvania we use a Point of Contact arrangement for conducting background checks for the purchase and carrying of firearms.
Have pity on us here in PA because our PA State Police are ‘far worse’ in conducting background checks and denials than the FBI who charged the PSP with actually violating Federal Law in an audit in 2001 of the Pennsylvania Instant Check System (PICS).

Jay E. Simkin
Guest
Jay E. Simkin

This article would have real value if there were a citation to the Court’s file (docket number). Such a citation to the case name and docket number, would allow readers to see how the government replied to the suit and what decisions the Court issued.

Stephen
Guest
Stephen

There is no “disposition” yet. The gov requested a stay to review all the documents. It is “won” because we got the relief sought. There is more and when I am able to post it, I will.

Stephen

Tionico
Guest
Tionico

the FIRST job of government is t SECURE OUR RIGHTS UNDER THE LAW. Instead these traitorous cockroaches busy themselves about restricging and infringing upon our rights at every turn.

Speaking of “turn”, how’s about we turn out these traitors and dismantle the corrupt organisations that overpay and shelter these enemies of the people? Oh, and disarm THEM. It is rather obvious that the reason they want to disarm us is so they can be the only ones armed. And we all know that he who is armed will be the one calling the tunes.

Kim Currier
Guest
Kim Currier

i WILL never BUY A FIREARM FROM A DEALER AGAIN… ONLY FROM A PRIVATE INDIVIDUAL, AND THEN THEY WILL HAVE NO IDEA WHAT i HAVE… SCREW THE GOVERNMENT!!!!

Wild Bill
Guest
Wild Bill

The feds will do a web search for ammunition, and reloading material purchases associated with your name. Then the feds will subpoena the records. Even if the feds did not have evidence of actual purchases, they will use ammunition and reloading purchase records as evidence to support the warrant. Warrant in hand, the feds will seize everything that they can find at places associated with your name. I suggest that we make mutual assistance agreements in advance. If the feds come to your house, call me. If the feds come to my house, I will call you. If fifty neighbors,… Read more »

TEX
Guest
TEX

@Kim,whenever you deal with the federal gov’t less is always better. None is best ! The less the federal gov’t knows about who owns what firearms is better. When our thug federal gov’t knows nothing about who owns what firearms that is best ! I agree with you 100% !

Freedom Loving Fred
Guest
Freedom Loving Fred

GIVEN THE RECENT GARBAGE AND ACTIONS OF FBI DIRECTOR COMEY AND HIS STOOGES, I CANNOT BELIEVE THAT THESE PEOPLE ARE TRUSTED TO PROTECT THE AMERICAN PEOPLE FROM CRIMINALS ANSWER TERRORISTS
TO CALL THEM INCOMPETENT MORONS IS TO INSULT
MORONS. WHAT A WASTE OF TIME AND TAXPAYER MONEY.
SICKENING.

DrSique
Guest
DrSique

I have a couple of questions. First, after a six year legal battle, what would be the final cost of a firearm??? Second, does someone who fights a six year battle for their fundamental “right to keep and bear arms” still have to go through a “waiting period”??? Just wonderin’.

willford
Guest
willford

PROBABLY WILL with our fine sense of COMMON sense______________________________________NOT, EVEN common an NO SENSE.

Wild Bill
Guest
Wild Bill

@DrSique, the cost of the firearm remains the same. The cost of winning your freedom is priceless. (And the Equal Access to Justice Act can be used to recover your attorney and court costs.)

Neil E. Wright
Guest
Neil E. Wright

I have held the FBI in low esteem since I was a cop in Oklahoma in the 80s.

Now, I have nothing but utter CONTEMPT for ALL FLEAs. They have become corrupt, cock-sucking, pig-fucking, statist, sub-human, parasitic, steaming piles of obama.

My name is Neil E. Wright, and I approve this message.

Wild Bill
Guest
Wild Bill

@ Neil, Yeah and they don’t do their jobs either.

Robert
Guest
Robert

Hehehe Neil, how about you tell us how you really feel. I don’t think we quite got it 😉 I used to hold the FBI in high regards, something about the mystique of the powerful federal agency dedicated to fighting syndicated crime and kidnappings in the US. Then I grew up. We have too many federal agencies out there carrying guns. Our country has built its own private army beholden not to congress and the Constitution, but to the powers that be. There is no reason the IRS need firearms as they could always use the Marshalls or GUN as… Read more »

Robert
Guest
Robert

GUN = FBI…. damn auto correct

truckeral
Guest
truckeral

I approve of your approval !

Jay E. Simkin
Guest
Jay E. Simkin

Why the profanity?

Why not offer some examples as to what you saw in Oklahoma during the 1980s, that causes you to have a low opinion of the FBI?

Wild Bill
Guest
Wild Bill

Profanity really is a collection of empty words. Sure, it makes a guy feel better, but doesn’t add anything more than extra typing. Having said that, I freely admit that I give in to the temptation, too.

TEX
Guest
TEX

@Bill,you are absolutely 100% correct about using profanity. I’m as guilty of that as anyone too. From this point forward I will use no more of it ! Take care and thanks,TEX

Wild Bill
Guest
Wild Bill

@Tex, I dunno, going cold turkey just like that is pretty tough!

Jeff MacDonald
Guest
Jeff MacDonald

Are you the jay e.simkin who lives in n.h who fought hard to protect our right to carry?? Just read your case and wanted to know if this was the same person.

FedUp
Guest
FedUp

SuperG, the FBI was never substantially better than any other law enforcement agency, it’s just that Hoover put a lot of work into developing a public mystique about them.

Everybody knows the FBI killed John Dillinger, but nobody knows they also shot two bystanders, which ranks with some of the NYPD’s most inept shootouts.

Wild Bill
Guest
Wild Bill

@Fedup, Yep, that is why they call them Famous But Incompetent.

Earl
Guest
Earl

I used to have a lot of respect for the FBI. But nowadays I see it as a lackey for the democratic leftist liberals to support their agendas. The FBI are not there for us anymore. They used to be an intelligence and security agency that also served as the federal law enforcement agency. Now they are turning more and more into the KGB that the Russians used to have. The FBI has now become the political enforcement arm of the leftist liberals.

Woody W Woodward
Guest
Woody W Woodward

And,the gun-grabbing democrats are clamoring to add even more names to the prohibited list. One’s right to keep and bear arms may be suspended indefinitely at the whim of a government employed bureaucrat, and it will take years and untold private funds to regain those “unalienable” rights. Freest country on the planet. Yeah, right? Piss on my leg and tell me it’s raining
[W3]

SuperG
Guest
SuperG

I used to have such high regard for the FBI, now this on top of James Comey’s dishonor, it just belittles their image and makes them appear as Keystone Kops. So sad. Maybe when Donald gets in he’ll revamp them into an organization that Americans can be proud of again.

Wild Bill
Guest
Wild Bill

The Fat Boy Institute has been corrupt from the top down since J. Edger Hoover. They have never done their job honestly, thus they have never done their job. Comey is a perfect fit.

TEX
Guest
TEX

You’re right,there is nothing left to hold in high regard at present. The federal gov’t and the alphabet agencies have my total contempt. They have earned it too.