Lawsuit over NICS denials on 2a grounds

Check it out. I just filed this lawsuit in D.C.. The FBI stopped processing NICS denial appeals in 2015. I have filed several 925a lawsuits in the past which is the record correction statute but each case is mooted when the FBI voluntarily corrects the record at the onset of litigation. This suit adds a 2a component in order to try and cure this issue for all the thousands of Americans deprived of their gun rights by this policy in one suit.This suits in on behalf of 5 people that have had erroneous NICS denials. This suit asks for error correction per 925a and for declaratory relief that this ongoing policy violates the second amendment

read the press release my cocounsel wrote here

http://www.sdslaw.us/single-post/20...General-USA-and-the-FBI-for-more-NICS-denials

Rock on. Do you have a formal presser to share?

DC-W said:

Rock on. Do you have a formal presser to share?

Click to expand...

I don't really have press releases or anything since I don't work for anybody.

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DC-W said:

Rock on. Do you have a formal presser to share?

Click to expand...

oh my partner filed this release


The FBI simply must fix its NICS appeals system. After it was reported that the FBI stopped processing firearms denials in early 2016, we filed a FOIA for that information. It was recently received. We have had at least a hundred people contact us to help vindicate their rights in court. So, today we filed a lawsuit on behalf of five individual plaintiffs from across the country that were erroneously denied their firearms purchase. Of interest, there are two suppressor denials in here as well. The Complaint is attached for your review. We will update the public as we receive more information.



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:



However, the Defendants and FBI in particular, is improperly shifting their burden to the individual to follow up with various courts or jurisdictions.This is the same scenario found in , 903 F. Supp. 2d 333, 341 (D. Md. 2012).In , the district court found that the defendant was improperly shifting the burden and that:



[t]he regulations make clear that the burden falls on the NICS Section to conduct additional research "to determine whether the prospective transferee is disqualified from possessing a firearm by Federal or state law." 28 C.F.R. § 25.6(c)(1). The NICS Section has three business days to ascertain whether a buyer's criminal record bars receipt of a firearm, and if it is unable to make a final decision, the FFL can transfer the firearm to the purchaser.



Id. at fn. 13.



This has been an ongoing issue with Defendants and they have been on notice as early as May 8, 2016 when the case , in the United States District Court for the District of Columbia, Civil Action No. 1:16-cv-00865-ABJ was filed. Since that case, four others were filed: , in the United States District Court for the District of Columbia, Civil Action No. 1:17-cv-00839-KBJ; , in the United States District Court for the District of Columbia, Civil Action No. 1:16-cv-01510-APM; and , in the United States District Court for the District of Columbia, Civil Action No. 1:16-cv-01425-APM.



All the aforementioned cases were filed and then quickly the government defendant(s) “voluntarily” provided the relief sought in the actions.All five plaintiffs in those cases were granted their certificates to purchase their firearms.This essentially mooted those cases, yet it is apparent that the issues underlying the present action are evading review and are repeating day in and day out.

http://www.sdslaw.us/single-post/20...General-USA-and-the-FBI-for-more-NICS-denials

Oh hell yes!

Well done!

Good luck! Rip them several new ones!

Well done. I need to hear that after a long day at work.


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Wolfwood, you continue to put a smile on my face and hope in my heart.




.

nicely done! I always get delayed for NICS check (uncommon last name, always provide ssn, ect), and this last time I finally waited the correct number of days (without forgetting about it) and called up to try and get my record straightened out, and was told there's nothing in your file that show a delay... system doesn't work for shit. Hope this helps to get it cleaned up.

wolfwood said:

Check it out. I just filed this lawsuit in D.C.. The FBI stopped processing NICS denial appeals in 2015. I have filed several 925a lawsuits in the past which is the record correction statute but each case is mooted when the FBI voluntarily corrects the record at the onset of litigation. This suit adds a 2a component in order to try and cure this issue for all the thousands of Americans deprived of their gun rights by this policy in one suit.This suits in on behalf of 5 people that have had erroneous NICS denials. This suit asks for error correction per 925a and for declaratory relief that this ongoing policy violates the second amendment

read the press release my cocounsel wrote here

http://www.sdslaw.us/single-post/20...General-USA-and-the-FBI-for-more-NICS-denials

Click to expand...

Great Job!

it is apparent that the issues underlying the present action are evading review and are repeating day in and day out.

Click to expand...

Maybe Obama holdovers still in the system!!

Godspeed, Sir! Godspeed!

I added a due process claim and a couple clients with an amended complaint

wolfwood said:

I added a due process claim and a couple clients with an amended complaint

Click to expand...

wolfwood said:

I added a due process claim and a couple clients with an amended complaint

Click to expand...

Well done wolfwood. Thanks for all your efforts.

got an order the case goes on

https://www.scribd.com/document/425...t6lEDJDX1APlW2SJ0XNIGjNsYU5rnjSmRMsYfHajwb5zc

ROCK ON!!!