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No Way Out: Feds Stop Processing NICS Denial Appeals

Friday, January 22, 2016

Naples Gun School NRA, NCIC

As much as the Brady Campaign, Bloomberg’s Everytown, and the Obama administration contend that submitting oneself to the FBI’s National Instant Criminal Background Check System (NICS) is a fast and simple process that does not significantly burden lawful firearms transferees, the fact is that for many of Americans that simply isn’t true. Each year thousands of Americans are wrongfully denied their Second Amendment rights when NICS incorrectly determines that they are prohibited from firearm ownership. Compounding this grave injustice, this week the FBI made public that they have stopped processing NICS denial appeals.

In what was dubbed a “makeshift reorganization” in a January 20 USA Today article, employees tasked with reviewing NICS appeals have been “temporarily” reassigned to assist with the considerable increase in background checks. According to the article, this has created a backlog of 7,100 denial appeals.

News of this personnel shift comes on the heels of Barack Obama’s much-publicized executive actions on gun control. Included in these actions was an intent to “hire more than 230 additional examiners and other staff to help process [NICS] checks.” When asked about this action in a January 20
hearing of the Senate Appropriations Committee’s Subcommittee on Commerce, Justice, Science, and Related Agencies, Attorney General Loretta Lynch made clear that this plan would require some Congressional cooperation for funding, noting, “With respect to the 230, we do hope to begin hiring of that with using this fiscal year's appropriation. And then the 2017 request would allow us to maintain that.” Given the circumstances surrounding the public disclosure of the suspension of processing denial appeals, the personnel maneuver has the appearance of being a cynical bargaining chip in the pursuit of more resources.

It is important to understand the severe scope of the problem of erroneous denials, and thus the need for a well-functioning denial appeals process. FBI’s own informational materials provide evidence of the system’s potential for mistakes. The agency’s 2014 NICS operations report
, for example, explains that a denial merely “indicates the prospective firearms transferee or another individual with a similar name and/or similar descriptive features was matched with either federally prohibiting criteria or state-prohibiting criteria.” In 2014, 90,895 federal NICS checks resulted in a denial. That same year, 4,411 NICS denials were later overturned through the appeals process, or close to 5 percent of total denials that year.

Moreover, there is significant reason to believe that the number of erroneous denials is far greater than those overturned on appeal. Some individuals incorrectly denied may feel intimidated by the appeals process or simply dealing with the federal government in this capacity. In her book,
Brady Denial? You CAN Get Your Guns Back!, Attorney Cindy Ellen Hill, who has helped clients navigate the NICS denial appeals process, writes, “people who don’t appeal their Brady denials make that choice based on a lack of information, lack of money to hire a lawyer or investigator to assist them, or out of fear of drawing further unwanted attention from federal and state law enforcement authorities.”

Suspending the NICS denial appeal process takes on an even more sinister character when one contemplates the chief gun control measure advocated by the Obama administration. Under a “universal” background check scheme, individuals would be unable to lawfully obtain firearms without subjecting themselves to a NICS check. If such legislation was currently in force, an individual who found themselves erroneously flagged by NICS, no matter how law-abiding, would have no avenue to legally acquire a firearm and no means to challenge their incorrect NICS status, obliterating their ability to exercise their rights in perpetuity, short of judicial intervention.

The Constitution guarantees that an individual cannot be deprived of liberty without the due process of law. When the FBI, or any other arm of the state, erroneously deprives a person of their rights without due process it should be the paramount concern of the government to correct the error. While there has been a sizable increase in NICS checks in recent years, resulting from record demand for firearms, suspending the NICS denial appeals process is not an acceptable means of meeting new demand. NRA will continue to monitor this gross disregard for those illegitimately denied their Second Amendment rights and will work to ensure an available, fair, and timely NICS denial appeals process.

Source: https://www.nraila.org/articles/20160122/no-way-out-feds-stop-processing-nics-denial-appeals

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Naples Gun Shop & School | 347 Airport Road N, Naples, FL 34104 | (239) 285-4011

 

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Naples Gun School - 5 stars I am an attorney from New York and currently residing in Florida. I have no experience with guns and never thought of owning one. Nevertheless, I wanted to understand gun culture and gun issues in Florida especially now that I am a permanent Florida resident. David Rich's class was extremely informative and David clearly demonstrated not only his knowledge of guns and gun safety but more importantly for me, he provided the legal framework and ramifications and responsibilities of gun use and ownership. Overall, the class was thoroughly worthwhile and enjoyable. Dean Fong

  Nahun YCaridad Flores recommends Naples Gun Shop & School. I attended class last Saturday. It was a wonderful experience. I definitely recommend.

Naples Gun School - 5 stars Great class. Made the class interesting. Instructor was extremely helpful and made my wife and I very comfortable. Antonio Santos

Naples Gun School - 5 stars Love this place. Dave treated me like a V.I.P. He's a cool guy. He takes time teaching you throughout the course. This is the place to buy firearms, supplies and for class. A++++ Anthony Rojas

Naples Gun School - 5 stars Great class!! There was a lot more hands on instruction than the class that I had in Tennessee. David was knowledgeable and entertaining. Good insights on Florida law. My wife will be taking the class shortly. Thanks David. Kevin 9/15/2018

  I thoroughly enjoyed the concealed weapons class on 8/11/18. The class went beyond my expectations. Dave you are an awesome instructor and made the class fun. I would highly recommend Naples Gun Shopping and School! Thanks for sharing your knowledge! - Teresa Cannon

David is an excellent instructor. The class is excellent and exceeded my expectations with information on the laws of Florida, and as well to carry properly, load the weapons as well as placement of holding weapons. If your looking to buy a weapon he is the man to go to. I personally bought my firearm from. - Carlos Casiano

Naples Gun School - 5 stars  Martha Hohenthaner

Naples Gun School - 5 stars  This was a very good class. I did not have to take it, as I am a Veteran, however it is a good idea. I learned a lot about Florida Law I did not know. It will in the long run help keep you out of trouble. David was very patient with my wife when we live fired, because she has arthritis and had a hard time pulling the trigger in double action mode. Good Job David thanks so much..Joseph Hohenthaner

Naples Gun School - 5 stars  The class was engaging and as fast paced as it can be. The instructor was knowledgeable and worked well with a class spanning all the levels of experience and age you can imagine. I also felt it was fairly priced, especially as you just had to bring yourself and an ID - all other supplies were, er, supplied.Cliff Elam 

Naples Gun School - 5 stars  Naples Gun Shop & School gets an A+ in my book! David and Ginny were great. I took the CWP class today 7/21/18. Both are extremely knowledgeable and easy to talk to. David is one of the best instructors that I have had the pleasure of meeting. I highly recommend Naples Gun Shop & School. Best prices, Great training, and easy to deal with. I will definitely be returning to do further business. Thank you David & Ginny....see you soon!Nicholas Lupo

Naples Gun School - 5 stars  I've been a repeat customer for FFL transfers with Naples Gun School for quite some time. Dave's customer service and knowledge are second to none. After speaking with Dave for a few moments, you start to feel as if you have known him for quite a while. I look forward to continuing my business when the new location opens. - Robert Boyette

I really enjoyed the class yesterday, and it was very nice to meet David and Ginny. David is very knowledgeable, helpful, and best of all: has a sense of humor. I was more nervous than I thought I would be because this was the first time in my life that I've ever shot a semi-automatic weapon. David lives and breathes this stuff and his presence and ease with weapons was very calming for me when I was at the range. Ginny was also very supportive throughout the whole class. Thank you guys so much! It's a pleasure and I will be back to purchase supplies from you! - Shenandoah Webb

Naples Gun School - 5 starsTook the 3/31/18 class and loved it! Dave was very informative and his laid back teaching style made the 4 hour class fly by. Would recommend this class to anyone interested in a CWP. Thanks Dave and Ginny! - Kelly Gardner

Naples Gun School - 5 stars I’d like to thank The Naples Gun School for the time and effort they took in order to help me become a more responsible hand gun owner. By taking your CCWP class on 3.31.2018, I’m honestly a better person today than I was yesterday. Your course is not only interesting, but informative as well. The time we had together flew by. Throughout the whole process, they were calm and patient with every student. Especially after everyone seemed to drop their cartridges on the floor during the revolver training portion of the program. I highly recommend Naples Gun School to anyone that’s interested in becoming a CCWP holder. And I definitely will use their services by purchasing all my gun needs through their establishment. David & Ginny, thank you so much. I had a wonderful time!Chris Shaffer

Naples Gun School - 5 stars This class kept me very interested, informed and didn’t even realize 4 hours went by! Would recommend everyone to take this class! - Douglas Shaffer

Naples Gun School - 5 stars - Lurybella Lora Trejo

 

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