This is not a request for legal advice.
I am seeing two main classes of people with regards to NICS denials (for firearms purchases or permits)
A) People who are denied completely out of error
B) People who were correctly denied and have a firearms disability, but have used due process to remove the firearms disability. However this person is still being denied despite the appropriate action be taken to remove them out of NICS.
In both cases, it seems the NICS system is "easy to get in" and "hard to get out". In both cases, someone is being denied and has to go through an appeal process.
Based on my research, which could be in error, a NICS denial appeal can take nearly a year to process. One can go to court, get a firearms disability removed in less than a month, but then has to wait 10-12 times longer to get out of NICS?
I'm curious, if there are any precedents in regards to NICS denials/appeals and due process.
In case type B, the appeals are not denied yet, but simply "held" for processing. I'm curious if a threshold has been determined for an amount of time before something is considered hindering due process.
I'm curious what type of legal action in theory, could help remedy this situation.
The NICS system is gladly accepting all state courts legal authority to put people into NICS, but is hindering (if not nullifying) their authority to remove those same people.
Thoughts or information on anything relevant is highly appreciated.
I am seeing two main classes of people with regards to NICS denials (for firearms purchases or permits)
A) People who are denied completely out of error
B) People who were correctly denied and have a firearms disability, but have used due process to remove the firearms disability. However this person is still being denied despite the appropriate action be taken to remove them out of NICS.
In both cases, it seems the NICS system is "easy to get in" and "hard to get out". In both cases, someone is being denied and has to go through an appeal process.
Based on my research, which could be in error, a NICS denial appeal can take nearly a year to process. One can go to court, get a firearms disability removed in less than a month, but then has to wait 10-12 times longer to get out of NICS?
I'm curious, if there are any precedents in regards to NICS denials/appeals and due process.
In case type B, the appeals are not denied yet, but simply "held" for processing. I'm curious if a threshold has been determined for an amount of time before something is considered hindering due process.
I'm curious what type of legal action in theory, could help remedy this situation.
The NICS system is gladly accepting all state courts legal authority to put people into NICS, but is hindering (if not nullifying) their authority to remove those same people.
Thoughts or information on anything relevant is highly appreciated.
Last edited: