FBI ADMITS Unauthorized Program Against American Gun Owners

AssMan · Aug 15, 2017

I don't believe there is any connection to the US v. Robinson case...but I may be wrong. If this has already been covered in another thread, I will edit this OP.

We recently scored a major victory in the federal civil rights lawsuit Robinson vs. Sessions, now on appeal to the Second Circuit Court of Appeals. The US DOJ Attorneys admitted in their Answering Brief that the FBI screens “all” Americans seeking to lawfully purchase a firearm against the Terrorist Screening Database (“TSDB”) upon submission of the ATF Form 4473. Since 2004, as part of its background checks for all potential firearms purchasers, the NICS has searched a file containing a list of known or suspected terrorists that is exported by the Terrorist Screening Center from the TSDB into the FBI’s National Crime Information Center database.

http://law-policy.com/2017/08/fbi-admits-unauthorized-program-against-american-gun-owners/

redeemed.man · Aug 15, 2017

The FBI breaking the law? Not surprised.

motorcoachdoug · Aug 15, 2017

Then it is time who ever said that could be done should be held accountable and thrown in jail but of course we are talking about the FBI aka Fumbling Beaurue of Idiots!!!!

Mike · Aug 15, 2017

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

http://www.billofrightsinstitute.org/founding-documents/bill-of-rights/

Isn't the lack of due process the problem using the watch list for any government activity? We have no due process, and we are furthermore deprived of the ability to even know if we're on it.

AssMan · Aug 15, 2017

Not sure why this isn't a much bigger story. Maybe one of our legal experts can chime in.

5.56blaster · Aug 15, 2017

boundlessdyad said:
The FBI breaking the law? Not surprised.

J. Edgar approves.

press1280 · Aug 15, 2017

snallygaster said:
I don't believe there is any connection to the US v. Robinson case...but I may be wrong. If this has already been covered in another thread, I will edit this OP.

http://law-policy.com/2017/08/fbi-admits-unauthorized-program-against-american-gun-owners/

Different case, this one is out of the 2nd Circuit, US v. Robinson is CA4.

44man · Aug 15, 2017

doesn't surprise me at all

WeaponsCollector · Aug 15, 2017

Secret government "watch lists", yet another reason to avoid NICS when buying or building guns....

pcfixer · Aug 15, 2017

So what is the remedy? Will the government ie executive branch make these watch lists available to everyone?

Alea Jacta Est · Aug 15, 2017

Further, egregious, infringement of a God given and Constitutionally defined right.

Anotherpyr · Aug 16, 2017

Actually this has been known. It came out during the push to deny firearm sales to anyone on the list. It came out during testimony on CSPAN thus most people missed it, but they are alerted whenever a hit on the list occurs with a NIC check. I believe they could then delay or deny the purchase. Typically they assessed the information they had on they individual and chose to watch them at that point unless they felt they were a low risk.

At least that is what they told congress.

Doctor_M · Aug 16, 2017

Shocked.... SHOCKED, I say.

jrumann59 · Aug 16, 2017

so the legislation calling for denying anyone on the list was more or less a CYA dream to get them legal????

Armadillofz1 · Aug 17, 2017

WeaponsCollector said:
Secret government "watch lists", yet another reason to avoid NICS when buying or building guns....

Agreed, NICS is for chumps.

Knuckle Dragger · Aug 17, 2017

This is hardly news as outlined in this Congressional Research Service Report: Terrorist Watch List Screening and Background Checks for Firearms

To assist in verifying whether a KST hit is a positive encounter (a match), NICS staff often
contact the federally licensed gun dealer to gain additional information on the applicant, such as
his address, driver’s license number, social security number, or alien registration number (if
applicable).62 It is noteworthy, however, that GAO reported that federally licensed gun dealers are
not legally obligated to provide NICS staff with this additional identifying information.63 If NICS
and TSC staff believes the KST hit is a verified, positive encounter, the TSC staff will forward
this information to the FBI’s Terrorist Screening Operations Unit (TSOU).64 Next, NICS staff and
the TSOU agent handling the encounter take further steps to make a final determination that the
KST hit is a positive encounter.

Knuckle Dragger · Aug 17, 2017

FBI ADMITS Unauthorized Program Against American Gun Owners

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