Class Action for Wrongful NICS Denials Gaining Momentum

Class Action for Wrongful NICS Denials Gaining Momentum

USA-( Rumors have begun that a class-action suit against the FBI, BATFE, NICS-system operators and DOJ itself may be in the works, from people whose civil rights were wrongfully denied by bad firearms background checks.

Multiple reports have surfaced that at least 25% of retail-sales denials are completely erroneous.

Professor John Lott has estimated that up to 99% of NICS denials are false positives, and based on the number of actual criminals apprehended or convictions obtained, NICS basically just denies rights without much crime-fighting component evidenced, at enormous cost and delay.

The class of people whose fundamental constitutional civil rights have been withheld or outright denied by NICS is likely in the millions.

Civil-rights denial under color of law or otherwise, aside from being detestable, is a felony under numerous federal statutes.

Alan Korwin
Alan Korwin

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I too have been denied, delayed and made multiple trips to the store to get my finally approved firearm. When shopping at the JBER PX I never know if i can take a gun home or not. I live in Juneau and so the inconsistency of the NICS check is frustrating. Don Young tried to help but the BATF always revert back to the same crap. As retired Army I would love a CLASS Action suit! DRAIN the SWAMP!

Richard Truscott

I have a CWP. I get delayed each time. I filed for a Voluntary Appeals File to obtain a UPIN over 6 months ago. I was recently delayed and subsequently denied. I appealed that denial and it was overturned. I received an AMD number to use in place of the UPIN on this application. Since the appeal took over 30 days a new 4473 and NICS check had to be submitted. I was delayed again for 2 business days before being allowed to complete the transaction. The instant check system took over 6 weeks. I have yet to receive my… Read more »

bob landmark

The VAF website says that they are currently working on VAF applications and denial appeals filed in 2016…

Chris Crandall

I was wondering if anyone found out anything about this?
I also was refused at cabelas long after having my rights restored and having my concealed pistol license, and then my wife was denied because she had the same address as me.
Would love to know what I could do to really have my rights back!

Richard Truscott

I also had my rights restored and records expunged. My first purchase was a 2 day delay. I applied for a Voluntary Appeals File to obtain a UPIN for the purpose of preventing future delays. Four months later I was delayed and denied, some said because of my filing for UPIN, I appealed that denial and submitted all court documents etc. After 6 weeks I was notified that the denial had been overturned. They assigned me an AMD number to use for this purchase only. However, the appeal had taken over 30 days and a new NICS check was required… Read more »

Scott Smith

I love to get in on this. Having a common name has caused me multiple denials. Anyone have an update?


While we’re at it someone needs to be charged with a felony. I really don’t think those that falsely deny us should be able to buy a firearm.

timothy garland

i want in on the class action suit please let me know were to get involved with this

Nick Barker

I have been denied so many times now it comes as no surprise at all, in fact I have just quit thinking about buying new anymore. Absolutely disgusting especially when the store-owner calls me at home and says, “You can’t own a gun!! The feds want to know where you live!!”
I would join in on this in a heart-beat. Years ago I gave an attorney $500 to get it cleared up, and he told me there was “…nothing to clean up. Nothing on your record.”


where can we sign up I have the same issue and i paid a attorney 2k to fix it and it always comes back there is no issue. I can call the ATF and sheriff they say your fine. drive to cabellas and be denied every day. I cant buy anything it forces me to build all my own guns. Which is not bad a thing i enjoy it but it pisses me off. What happens when my state makes my register my 80% guns. I have CWP as well. I signed up last July for the FBI program to… Read more »

Richard Truscott

You should submit for a Voluntary Appeals File and obtain a UPIN number.

glenn schantz

I need to know who to contact to get in on the suit, I too have been denied over a misdemeanor that falls short of the guidelines and I am retired and disabled and have no money to get an attorney. It took me almost a year to save to buy a gun for home defense after a home invasion and was denied and here in Little rock and the neighborhood I am forced to live in, home invasions have become very popular among the young thugs, SO PLEASE someone help me with the suit info???


I too have fallen victim to the incompetent and failed NICS system by receiving a wrongful denial. Bought firearms my entire life in one of the toughest states for background checks and waiting periods then came up denied 4 years ago. Filed appeal with NICS never heard another word. Like another commenter here I’m also retired and disabled and what little money I did have that i already used on an attorney is gone and I just can’t afford to get the justice I and the rest of us commenting here deserve unless we can get involved with a class… Read more »


The information produced by NICS checks is not accurate so the government’s answer is to throw more money at it and more bonus to the do little employees. What a crock.

Dave Cherry

If anyone has concrete info on how to get in on this suit, please post here.