Lawsuit Filed over FBI’s Willful Failure to Process NICS Denial Appeals

“A right delayed is a right denied.” (Photo via FBI.gov)

USA – -(Ammoland.com)- “Today we filed suit against the Attorney General, USA and the FBI for more NICS denials,” Stamboulieh Law, PLLC, announced in a Tuesday press release. “After it was reported that the FBI stopped processing firearms denials in early 2016, we filed a FOIA [request] for that information. It was recently received.”

What did it reveal?

“The documents produced demonstrate that the FBI and NICS were not processing appeals as required by law as alleged in all of our 18 USC 925A cases we have filed to date,” a May release alleged. “On page 50 of the attached, it says ‘The AST has five business days to tell a denied individual the reason for their denial. However, the AST Examiners are not performing any appeal work due to the increased volume.’ On page 57, someone wrote this email: ‘We stopped processing front-end [appeals] mail on 11/25/2015.’”

“Of interest, there are two suppressor denials in here as well,” Tuesday’s advisory continues. “We have also alleged that even if the government provides the relief sought in the complaint, that the Court should retain jurisdiction due to this issue.”

“[T]he Defendants and FBI in particular, is improperly shifting their burden to the individual to follow up with various courts or jurisdictions,” the release explains. In other words, a government with comparatively unlimited resources is discouraging citizens from contesting its mistakes and from claiming their right to keep and bear arms.

“This has been an ongoing issue with Defendants, the release documents, citing a District Court finding “that the defendant was improperly shifting the burden” and several prior cases filed in various federal courts since 2016, when a wrongly denied citizen had to retain a lawyer and go to court to obtain a reversal.

In those cases, “the government … ‘voluntarily’ provided the relief sought [which] essentially mooted those cases.” But they didn’t fix the underlying problem, meaning if a citizen has neither the knowledge nor the wherewithal and persistence to force the issue, the government’s default position is to deny rights and count on the injured parties accepting the injustice.

“[T]he issues underlying the present action are evading review and are repeating day in and day out,” the release concludes, demonstrating the need to hold the government accountable. If they’re going to mandate we get approval from their system, it’s on them to make sure adequate resources are allocated to rectify errors.

You can read the complaint from Stamboulieh Law, PLLC:

Complaint from Stamboulieh Law, PLLC

As a matter of necessary disclosure, I have written about or joined with attorney Stephen Stamboulieh in other ventures included in this link.

Also see:


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.

  • 15 thoughts on “Lawsuit Filed over FBI’s Willful Failure to Process NICS Denial Appeals

    1. “We work for the government. We are not required to answer to you. We can do anything we want to you, and there’s nothing you can do about it.”
      Ask a few federal prisoners if they’ve ever heard those exact words. – – Especially those who are serving time for charges of “conspiracy to commit – – -” (fill in the blank).
      [W3]

      1. @WWW, The federal agencies are out of control because the federal government is out of control. The agencies learned that individuals have no power to effect them; groups have no powder the effect them; and now Congress has no power to effect them. The federal agencies are on the verge of challenging the President (e.g. All of Washington, DC was aghast to find out that the FBI was not independent of the Trump administration, and the president could fire Coomey).
        Main Justice in DC and the Special Prosecutor are claiming independent status. If they get away with it, they will be able to ignore the judiciary, too.
        The Congress needs to exert its over site controls. The President needs to exert his firing controls. The judiciary is so slow that they will never get around to anything. And the People need new and stronger term limit and recall controls over all of them.

    2. The gun act of 68 should be scrapped,it should have been deemed illegal back in 68.All these laws does nothing but fuck the law abiding citizens.Does nothing to hurt the criminals.

      1. @DK, To scrap the GCA, we need to send enough “uncorrupted yet” candidates to Congress. A whole new Congress is needed to reverse and nullify the actions of many, many corrupt Congresses that came before them.

    3. Do an FOIA to Senator John Cornyn’s office to see the corrupt and inept actions of Jeremy Wiltz, PMP, PgMP, Deputy Assistant Director at FBI, Washington D.C. Metro AreaI nformation Technology and Services
      Previous:
      Federal Government Agency,
      CIA,
      Lockheed Martin

      http://www.linkedin.com/pub/jeremy-wiltz-pmp-pgmp/a/137/b4a

      He TRIED to pimp my rights even though he used for different data mining contractors to come up with bogus crap against me to deny my rights to keep and bear arms.

      I contacted the Berrien County Court in St Joseph Michigan, asked them to go to the microfiche files, pull up one page which I sent Senator John Cornyn that flushed Wiltz the NICS background check system and their entire congress of wanna-be data-miners right down the toilet.

      In reality, all the UPIN numbers that the FBI NICS operation issues to citizens after they file a VAF is evidence of how many screw-ups that were corrected by citizens stepping up to the plate and fighting for their rights against this corrupt system.

    4. Folks, how much longer are we going to sit back and continue to accept such a tyrannical, out of control, abusive and cruel so called Gov’t?? Get ready, the time is approaching like a freight train with NO Brakes.

      1. @HW, We will sit back until the November elections. Then we must turn out in numbers sufficient to overcome Democrat cheating. We must sent enough “uncorrupted yet” people to Congress to vote in the changes that we need. And reign in the Federal agencies.

        1. Yes, you heard it for 40 years- but now we have President Trump. President Trump has shown that when he takes on an issue, it gets resolved. His ways are not “politics as usual”; in fact, NOBODY has ever seen this kind of leadership in government before. They are all scrambling because President Trump brought his own rule book on how to get things done. He has been 10 steps ahead of all the morons in politics and the “experts”. They could not grasp the genius of how he does business- and STILL DON’T GET IT!! Look at NK. He put KJU on notice, then went after China like a junkyard dog. In the end, China turned to KJU and basically said “Rocketman, your punk ass is NOT worth the trouble we will face if we don’t help President Trump”. THAT is what lead to serious talks. When NK started talking smack, President Trump immediately pulled out of the summit- only to have NK come to him, humble, hat in hand, asking for a second chance. UFL and RSO&I are regular exercises held in ROK every year. He made them look bright and shiny so that when the exercises were given up, KJU thought he had nabbed a Knight- but he really got a pawn dressed in knight’s armor. So what? We don’t have UFL for a year. We don’t do RSO&I for a year. They are exercises that we have down pat already. The US will not pull out of ROK, per agreement with ROK, until a peace treaty is signed. President Trump knows this and will play it- if you want us out, you have to end the war.

          So what does all that have to do with our right to bear arms? It means that you need to give the President a chance. When we get rid of the corrupt Congress in November, prosecute those who have corrupted our government and committed multiple crimes against the people, and have a DOJ brought to heel, things will get fixed. It may not look like it is happening when it happens- just look at the way President Trump does business. He is always 10 moves ahead and WILL get what he wants out of every negotiation he participates in. Have faith my friend, it will happen.

    5. Good luck. The feds sure love covering up every aspect of their crooked behavior – no matter what the current laws say they are supposed to do.

    6. There should be no NICS system as it’s Unconstitutional on it’s face. Where’s the qualifier for the; childish, abusive, mentally unfit, and felonious “People” that “Shall not be Infringed” upon, in the Second Amendment…That’s right, it’s nonexistent. It’s time for some serious civil disobedience from the manufacturers down to end users. Time to tell the government to pack sand and redeclare our freedom.

      1. @Greg, the Revolution began with Trump’s election, and revolves around Trump. It is up to us to drain the legislative part of the swamp this November. With a Congress filled with new “not corrupted yet” people, the acts of previous corrupt Congresses, presidents, agencies, and even the corrupt federal judiciary can be reversed and nullified. We can get back to the Constitution.

        1. Right on the money WB. One of my best friends all through school was elected to the Senate in 92 and was shocked to learn that having constituents who believed in him enough to elect him to that office was a total joke. His seat on the Senate floor had to be purchased from the GOP even though he had been duly elected. When he attempted to obtain a chair on committee B he found that the only way to obtain it was to pay the GOP $25,000.00. These funds were touted to be “only used for funding of like-minded individuals campaign donations for fellow GOP candidates”. As his time on the Hill went on he discovered that huge amounts of this “pay to play” cash was used for nothing more than expensive parties, travel for personal business, and personal gain by career politicians in the party.
          I ask if the GOP is guilty of this sort of manipulation which all but forces a new senator to play ball with lobbyists to acquire the necessary funding what does the outwardly unashamed and corrupt Democratic Party do to their players?
          Your assessment of the situation we face in DC is absolutely correct and needs overhaul using our vote, our voices, and hopefully,prayerfully, we can avoid another Civil War which unfortunately could never be won.

    Leave a Comment 15 Comments

    Your email address will not be published. Required fields are marked *