How do federal laws work with updating NICS records after rights are restored?

[skydve76]

State: Nebraska
Subject: Mental Health Firearms Disability removed.
The applicable state laws are here:
http://dhhs.ne.gov/Pages/Committed-Persons-Firearm-Disability-Relief.aspx

In particular:
https://nebraskalegislature.gov/laws/statutes.php?statute=69-2409.01
To quote a piece: "To ensure the accuracy of the data base, any information maintained or disclosed under this subsection shall be updated, corrected, modified, or removed, as appropriate, and as soon as practicable, from any data base that the state or federal government maintains and makes available to the National Instant Criminal Background Check System. The procedures for furnishing the information shall guarantee that no information is released beyond what is necessary for purposes of this section."

This is about the NICS database, if I am understanding DHHS is supposed to remove the record from NICS after an order is granted removing the disability?

I was recently denied a in a NICS check due to a mental health preclusion, which is the exact one I had removed in March of 2016 and I have an order stating so from the very board that granted it in Oct of 2000. It IS the only one I have ever had I know for a fact.

Im being told by DHSS (who has my court order removing it) that I need to contact the FBI and have them remove it. The FBI told me I have to go to ATF. ATF told me I have to submit an appeal to the NICS denial and they are 2+years backed up. Nebraska only uses NICS for firearms purchase permits not individual sales so there is not a Form 4473 which I guess has whatever reference numbers they need.

Anyone know how its supposed to be removed/updated?

 

[lemaymiami]

This looks like one of those perfect moments - for an honest citizen to seek the assistance of their local congressman (or woman). When all is mired in bureaucracy - sometimes your only hope might just be in the political realm... A case in point was when my wife badly needed assistance with the INS back before she became a citizen.... All of our attempts to "go through channels" failed and after three years we contacted our local congress type - In a few months all the delays disappeared and my wife was able to obtain a new green card. Not my preferred route - but I swear we'd still be waiting without that assistance... My wife's been a citizen now for many years and that incident simply points out how government actually works at times... Good luck with your progress through the system. And if you're ever successful post up the full story to aid others in the same situation...

 

[dogtown tom]

..... ATF told me I have to submit an appeal to the NICS denial and they are 2+years backed up.

Anyone know how its supposed to be removed/updated?

ATF gave you the answer.

 

[dogtown tom]

I was recently denied a in a NICS check due to a mental health preclusion...

Who told you that?

Nebraska only uses NICS for firearms purchase permits not individual sales so there is not a Form 4473 which I guess has whatever reference numbers they need.

No, Nebraska is a partial point of contact for FBI NICS. A state issued permit is used for handguns, the dealer contacts FBI NICS directly for long gun background checks.
In either event, there should be NTN# (NICS transaction #) on the Form 4473 you filled out. When you were denied they should have handed you an FBI card with appeal information on it: https://www.fbi.gov/file-repository/nics-resolution-card-pdf.pdf/view

 

[RickD427]

This one really calls for a qualified lawyer. The main reason is that you're dealing with two very different sovereigns.

From the link that you posted, the state of Nebraska has a clear provision for the restoration of firearms rights under Nebraska state law.

On the other hand, the federal law concerning firearms disabilities contains no provisions for any such relief.

It's important to note that the standards for firearms disabilities vary between the states. California imposes stricter disabilities than the feds, and has a provision for state law relief for cases that produce a state law disability and that do not trigger a federal disability.

A state cannot offer relief from a federal law disability.

The key question here is whether the facts of your case are such that a federal law disability was incurred.

If that should be the case, it sounds like your trying to get the federal government to follow state law rather than their own. That ain't gonna be easy, and, at a minimum, is gonna require more legal expertise than is held by a lay person.

 

[Frank Ettin]

This one really calls for a qualified lawyer...

And that’s the bottom line.