NY Civil Rights Activists Take Aim at FBI Over NICS Before Nation’s High Court

Privacy
NY Civil Rights Activists Take Aim at FBI Over NICS Before Nation’s High Court

Webster, NY – -(Ammoland.com)-Civil rights attorney Paloma A. Capanna announced the filing of a Petition for Writ of Certiorari to the United States Supreme Court in the case of Robinson, et al. v. Sessions, et al. The Petition requests permission to appeal to the nation’s high court, a privilege granted to approximately 80 cases per term (year).

The case of Robinson v. Sessions concerns the civil rights of individuals who lawfully purchase a firearm through a federally-licensed dealer, using the NICS background check system.

The government defendants have admitted it compares every firearms customer against the “Terrorist Screening Database,” even though a NICS-to-TSDB match cannot result in the denial of the attempted firearms purchase.

The Plaintiffs charge that this violates Brady Act restrictions on FBI use of a customer’s personal information.

“This is outrageous,” said Bill Robinson, lead Plaintiff. “The FBI has run more than 222 million background checks for firearms purchases against the Terrorist Screening Database without the legal authority to do so. The Brady Act guaranteed our right to privacy for the information we fill out on the ATF Form 4473. The FBI is violating the black letter of the law.”

Capanna describes the case as “unusual” because the government has already admitted all of the material allegations made against it. “Robinson v. Sessions needs to be heard by SCOTUS because the FBI reads and quotes the law, but then does not follow it. If we can’t stop the FBI’s activities in this case where all the allegations are admitted, then we are one giant step closer to the implementation of a government super computer where all of your personal information is linked.”

The case was dismissed in the lower courts. There, the judges said that the person who would have standing to bring such a lawsuit is a person alleged to be a “terrorist” as part of the TSDB. The Plaintiffs are asking SCOTUS to reverse and grant standing to proceed with the case on the merits to obtain a permanent injunction against the FBI, ATF, Terrorist Screening Center, and the U.S. Attorney General.

THE PETITION IS AVAILABLE ON LINE AT: www.Law-Policy.com.

Robinson v. Sessions Petition Scotus Filed 04172018


Paloma A. Capanna, Attorney
Paloma A. Capanna, Attorney

About Paloma A. Capanna

Paloma is an Attorney and Policy Analyst with a focus on Second Amendment litigation, representing individuals, activist organizations, and FFLs. Paloma’s work spans individual handgun permit cases to federal civil rights litigation. A common theme among her cases is putting an end to government secrecy, whether the NICS-to-TSDB program by the FBI, the ISARS database of the NYS Police, or any number of Freedom of Information requests. Admitted to practice in New York in 1992, Paloma has more than 20 years of litigation experience at the trial and appellate levels.

Subscribe
Notify of
7 Comments
Inline Feedbacks
View all comments
Bud
Bud
2 years ago

These folks leaning towards more and more socialism have forgotton that socialist leaders have almost always turnd to facism when in power. We don’t want it and certainly don’t want it.

Garry Hoffman, Justice (ret)
Garry Hoffman, Justice (ret)
2 years ago

It’s puzzling to me why in his answer to Sen. Lieberman about database search authority in 2010, FBI Assistant Director Daniel Roberts stated,
“That’s correct. We are limited to the 10 prohibitors – that are in the Brady Act.” when there are clearly only 9 enumerated disqualifying factors on the 4473 by statute…
Garry Hoffman, co-plaintiff

Marc DV .
Marc DV .
2 years ago

DON’T LOOK at the NRA. to Save Ya.
OR to BLAME !
LOOK at YOURSELVES .
You Voted these People into Office !
You Didn’t Care Enough to Continue alone .
You thought They Were Gonna Do it All.
If You Didn’t Get out and Vote and Rally
Support for Your Rights it’s Your Fault !

captainjack
captainjack
2 years ago
Reply to  Marc DV .

Mark you are so right. There are supposed to be 1million gun owners and hunters in this state.Where the hell are thy at election time.Thats the only way to rid ourselves of the commie liberals in control of our state.

Jeanette Parker
Jeanette Parker
2 years ago
Reply to  Marc DV .

If this great nation falls, it won’t be by an outside force. It will be by the laziness, the apathy, the ignorance, the blind trust in this government. We won’t even see the stumble…..we won’t hear a warning cry……rather, it’ll be a slow draining of awareness into the abyss………all that’s remaining is a vacant stare. I’ve been an election judge in the polls……I watch how the voter walks into the polls and can almost always know how he/she plans to vote……but, even worse is the turnout…….way less than 50% for non presidential years….even though many times the most important election,… Read more »

Freebird
Freebird
2 years ago

New Jersey ….. as usual was the FIRST to use Federal NO FLY lists during NJSP gun checks , signed into law by Governor CHRISTIE in August 2013 , followed soon thereafter by Connecticut …. citing N.J. as precedent !
THIS is why it is so important to stop these laws when first proposed ….. Looking at you , N.R.A.

Marc DV .
Marc DV .
2 years ago

Like it or Not Their Linked .
In Some Form or Fashion they Get the Info ,
You Try so Desperately try to Hide or think they
don’t see . FBI, we’re the Government we see it all !