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.

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    anniehasagunchris hamJames ScheuermanGregory RomeuJeremiah Woodring Recent comment authors
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    anniehasagun
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    anniehasagun

    I agree completely with all the comments above. The Dems are so busy trying to corrupt all our rights and cover their collective butts that they don’t have time to do what they were elected for .example Pelosi, who lives a lavish multi millionaires lifestyle while her brainwashed constituents live in poverty and M.Waters lives in lavish style while living outside her district of Watts in Cali. these are just 2 of the most corrupt and the dems are following them like lap dogs. I want to be on the front lines when TRUMP closes the door on these idiots… Read more »

    chris ham
    Guest
    chris ham

    looks like I am finally going to be able to pick up my guns.I was informed by Marta Robys office yesterday that the nics denial has been overturned.The letter is on the way.I have no doubt if I had not contacted her office the apeal would still be unresolved.Her office did actually contact them and got them moving.Definately contact your political reps if you are having a problem with nics.Its the only way to get them off their asses

    Chris ham
    Guest
    Chris ham

    been waiting 9 months on a nics appeal.I HAVE HEARD NOTHING FROM THEM.No reason I was denied or even if they recieved the appeal.I filed online initially when I didn’t hear back I decided on filing a certified letter which they recieved Feb 12 2018.How long does this process take.Looks like another hunting season with 3 guns paid for still at the ffl licence holders residence.What a crock.

    Jeremiah Woodring
    Guest
    Jeremiah Woodring

    Is there an open case I can join? I am having the same issue filed appeal no letter statement on why the denied me. I have a CPL in Washington state and own several firearms with no reason to deny me and nobody to call this is a simple violations of my rights.

    Gregory Romeu
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    Gregory Romeu

    As I have mentioned before try going through your United States Senator’s office for assistance in this matter

    Gregory Romeu
    Guest
    Gregory Romeu

    I went through my Senator’s office to clear up a matter when trying to get a revolver that have owned for decades, back from a pawn shop. Going this route does to very powerful things. 1) It puts your situation on public record and, 2) Alerts your US Senator with the same like type complaint both exposing a major problem with a Federal agency and creates a pattern of abuse by that Federal agency. My US Senator just happens to be John Cornyn. I found out that the CJIS which is evidently tasked with doing information data mining on our… Read more »

    James Scheuerman
    Guest
    James Scheuerman

    @Gregory Romeu

    Could I get a copy of the letter you sent to your senator? I’d like something I can follow to send to my senator regarding my own issue

    Woody W Woodward
    Guest
    Woody W Woodward

    “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]

    Wild Bill
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    Wild Bill

    @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… Read more »

    Douglas Kuykendall
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    Douglas Kuykendall

    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.

    Boz
    Guest
    Boz

    Amen Brother!

    Woody W Woodward
    Guest
    Woody W Woodward

    Truth.
    [W3]

    Wild Bill
    Guest
    Wild Bill

    @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.

    Gregory Romeu
    Guest
    Gregory Romeu

    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… Read more »

    Hey-Who
    Guest
    Hey-Who

    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.

    Wild Bill
    Guest
    Wild Bill

    @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.

    Gregory Romeu
    Guest
    Gregory Romeu

    I have been hearing this very same thing for well over 40 years now.

    Tony
    Guest
    Tony

    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… Read more »

    Trumped
    Guest
    Trumped

    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.

    Greg
    Guest
    Greg

    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.

    Wild Bill
    Guest
    Wild Bill

    @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.

    Gunny51
    Guest
    Gunny51

    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… Read more »

    Gregory Romeu
    Guest
    Gregory Romeu

    Watch Eddie Murphy’s, “The Distinguished Gentleman”!