FBI Refusing Appeals on NFA Denials

Again and again those of us who simply want to exercise rights supposedly protected by the Constitution find the biggest perpetrators of infringements are its “guardians.”

USA – -(Ammoland.com)- “The FBI has taken the position that it will not allow you to appeal your FBI background check and denial for an NFA [National Firearms Act] Transaction,” attorney Stephen Stamboulieh announced Monday. “Yes, the FBI conducts the background check, denies you, and provides the NTN [NICS Transaction Number] for your denial, but… no appeal for you!”

“[T]he Appeal Services Team (AST) of the FBI Criminal Justice Information Services (CJIS) Division’s NICS [National Instant Criminal Background Check System] Section does not process appeal requests for the NFA background checks,” appellant Kevin Francisco Borquez was told in an unsigned letter from the FBI dated June 12. “We apologize for any inconvenience this may have caused.”

“A NICS check is not required on the transfer of NFA items,” Historic Arms, LLC President Len Savage advised (See Section B, item 20 on page 2 of ATF Form 4473 and corresponding instructions on page 6).  “However, the FBI does receive fingerprints and does a more extensive background check that includes use of the NICS prior to ATF NFA branch even beginning the transfer process.”

In the case of NICS appeals, a Freedom of Information Act request submitted by Stamboulieh produced the admission that the FBI “stopped processing front-end [appeals] mail on 11/25/2015.”

In Borquez’s NFA case, he maintains he has wrongly been denied a fundamental right by gatekeepers that got it wrong. And based on their response, FBI bureaucrats apologized but won’t do anything about it except return materials he submitted in his inquiry.

Does failure to tell an inquiring citizen who does process such appeal requests mean no one does?

“I didn't believe it until I saw the document. I'm not sure how this is legal or proper, but we are looking into it,” Stamboulieh responded. “So basically, the FBI is denying you based on its database, and then wholesale refuses to allow you to appeal it. Smells like a due process violation.”


About David Codrea:David Codrea
David Codrea is the winner of multiple journalist awards for investigating / defending the RKBA and a long-time gun owner 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.

  • 27 thoughts on “FBI Refusing Appeals on NFA Denials

    1. “How dare the American People elect such a rough, uncouth, man – suffering from Twitter-mania – as President, when we – The Guardians of the Galaxy – know what is best!”

      So, you wish to avail yourself of an NFA weapon, you should have thought of that before disregarding the wishes of your betters.
      As they say: Elections Have Consequences!

      1. @askepic everyone is entitled to their opinions but you picked the wrong site to voice your hate. Maybe you are trying to get someone to bite or maybe you are just being a troll. Basically speaking, most people here think Trump is doing
        more good for our country than bad. Definitely more good than hiLIARy could have ever done.

      2. Ah yes “askeptic”. as noted in the text the FBI quit accepting appeals as of 11/25/2015–so you are absolutley right the violation of constitutional rights did indeed come about with an uncouth man in the White House—-Barack Insane Obama

    2. James Higginbotham:

      The ATF/BATFE had at one time been described as “welfare for ex prohibition agents”, Repeal having killed off their employment/reason for existence. As for what is currently the FBI, I do not believe that their creation was related to Prohibition or the repeal thereof. In any case, regarding government agencies, and the employees thereof, the following might interest you. Once upon a time, some congressman offered legislation aimed at limiting government agencies. He proposed that the number of people employed at/by the Bureau of Indian Affairs never exceed the number of Indians whose affairs the agency looked after. The proposal was not enacted into law. Surprise, surprise??

    3. It seems, more and more, that the FBI has become a law until itself. HOw the hell did this come to pass, seems a question for the populace to pose, which our elected things should be required to answer.

      1. Alan.
        that’s the problem Congress is finding out themselves.
        also the FBI, ATF, were created during PROBATION, when that was REPEALED and overturned those agencies SHOULD HAVE BEEN BANNED AS WELL.
        and now they do thing THEY ARE A LOW UNTO THEMSELVES.
        ,

    4. Another error in hiring, Trump put this, obstructionist, Wray in charge and look what he got, the same he got with the DOJ. I don’t understand what his plan is here but he must have one to allow these two jokers along with Rosenstein run the opposite of what should be done. The FBI not fixing a problem they caused is outrageous behavior. You would never get away with this in private business and stay in business.

      1. As soon as Trump touches any of them including sessions he would be facing obstruction of justice charges. Trump has to wait until after the midterm elections and hopefully get the support he needs to fire them without the worry of impeachment. Right now he has as many Republicans against him as he has for him. The same thing with this Rosenstein dip shit. Rosenstein is just trying to get Trump to fire him and it would be all over for Trump. We must support Trump in the midterms.

    5. As with any bureaucracy it is the people at the top who run it. Pput a bunch of left wing socialists and burgeoning communists (by their behavior) in charge of an organization like the IRS or FBI and it is little or no different from what happens in NOW other third world countries. It is stunning that these outcasts can simply refuse Congress…

      1. Unfortunately, “We the People” elected a man for president whose tag line was “Hope and Change”, and to achieve that plan, he inserted individuals who had forgotten the mission and charter of the agency they were supposed to lead, and — instead, created a team around them with like ideas. Make no mistake, most all of the people who make up the FBI, have a clear and abundant understanding, and love for the Constitution of the U.S. The past ten years has been a very unhappy time at the FBI.

        1. @Don, The new president must have been cognizant of that. The incoming president should have fired the heads of every agency, every SES, every special assistant and special commissioner right down to the GS15 level. Then put not corrupted yet people in those slots.

    6. It is evident the FBI leadership has evolved into the SS Gestapo of the political left! And when Mueller stops his phony investigation into President Trump: Trump will compartmentalize the FBI and this “black hand” will be disbanded. This is why they cannot stop the investigation, because they know the very second it stops, the POTUS will compartmentalize the FBI and America will be the better for it. And the FBI can go back to fighting crime, rather than fighting conservatives.

      1. @Core, I am glad that the FIBs exposed themselves before they were in a position to really take over the federal government. Trump, with our support, needs to reestablish control over the agencies, and deny all federal agencies rule “with the force and effect of law” making authority.

    7. The Fat Boy Institute: Corrupt since J. Edgar “Blackmailing” Hoover. They are not known as “Famous But Incompetent” for no reason. They tried to supplant the will of the American voters with a coup d’état. They tried to set up the President for impeachment. Coomey seized the power of the AGUS. Time for them to go.

    8. They don’t have time; they are too busy looking for ‘Russians who are colluding’ or ass shooting a break dancer.

    9. An obvious alternative is to actively search out dealers willing to sell a blackmarket product. Through history we have seen this occur. Denying a person access to something doesnt work. In this case we see the same circumstances during prohibition. The consumer wins. When government makes the hoops too small to leap through it is easierto run around the obstacle course as opposed to through the managerie.

      1. A dangerous ploy to acquire an NFA weapon… You’re looking at more than a few years in prison for owning one without the “proper papers” and you lay yourself open to being either caught by the feds attempting to purchase or robbed and possibly killec by the person “selling” the weapon to you.

    10. There is no better time than now to get rid of these violations of our civil rights from a constant barrage of email, snail mail and shutting down tha switchboard. The left think they have people who march, hell we hav ed more that put our lives on the line and marching was just a way to get there to do it. These worthless pos’s and their attacks on our freedoms and civil rights is coming to a boil. Everyone in the DOJ,FBI, and batfe in a leadership position, that has any bearing on these matters need to be sued directly for under color of law civil rights violations, arrested for violations of the federal laws, and prosecuted to the fullest extent. Over and over and over to they are driven into the poor house
      As a fed if I had done half of this crap I would still be shoveling the tons of paperwork just to get to go to court to be prosecuted. These thugs need to be made examples of. Oh, wait, the person in charge is epic fraud that lost his nuts in the Senate confirmation and turned into elite surrender monkey. Well, he can be a party to said lawsuit as well. The thing about that would be to ensure the parties pay their own legal Bill’s and fines. It can also remove them from office permanently. It is times like this I wish I had stayed in skrewl and became a lawyer.

      I cannot state how much these abusers of power piss me off. Elites vs us poor rabble merely requesting one more bowl of gruel, aka fairness and what is right and just. Please, anyone that can, sue them until they crawl back under their commie rocks.

      1. sue them until they crawl back under their commie rocks.

        sue them untl their commie rocks fall upon them and crush them, ending their careers.

        There, Fixed That For Ya……

    11. We have enough outlaws without making The People outlaws. It’s not even real agents doing this work it’s just people off the street they hire and usually liberals. As a career LEO in multiple agencies and retired Soldier this junk makes me so mad. It’s not all of us but we are vastly outnumbered these days.

      1. Matt, do not condemn everyone within the agency for a few in leadership who lost sight of their mission and charter.

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