NICS Appeals backlog

[LiveFreeOrDie619]

Pasted below is part of the response I received today regarding my NICS appeal. 10 month waiting period anyone?

"At this time our appeals are backlogged back to June 2015. You will be receiving a letter in the mail acknowledging our receipt of your initial appeal."

 

[Frank Ettin]

The Legal Forum is a place for serious discussion of the law. Rants and grumbling are out of place here.

 

[gripper]

I dunno. It's a legitimate legal issue,with (assuming veracity of OP) a legitimate grievances. Due process and justice have the same problems when delayed..... Many times " denies VIA delays" are the unofficial practice. Slow walk any case long enough and someone runs out of time, money,resources and resolve.

 

[legaleagle_45]

Consider for one moment the demand for an end to the so-called "Charleston loophole" as advocated by some unnamed politicians running for high office. If you recall, the FBI claims that the background check on the shooter, Dylann Roof was a "no action" approval as they could not track down sufficient evidence to issue a denial and the 3 days had lapsed, allowing Roof to purchase the weapon used in the shooting.

You end the loophole and then defund NICS so that there are no approvals whatsoever... no one can then buy a firearm.

Can't happen? That is exactly what happened to the federal relief from liabilities law on the books. Supposedly you have a right to petition and get your right to own a firearm restored if you have a non-violent felony conviction on your record... but ATF is not allowed to spend any funds on that program so the right disappears.

 

[pintler]

"Consider for one moment the demand for an end to the so-called "Charleston loophole" ..."

Indeed. Consider, for example, US v. Bean: https://www.law.cornell.edu/supct/html/01-704.ZO.html

Mr. Bean accidentally entered Mexico with shotgun shells. That's a felony in Mexico. Foreign felonies count as far as being a prohibited person, so Mr. Bean became a prohibited person. This was a problem, not the least because his livelihood was as an FFL.

He applied to the ATF for relief from disability. His application was endorsed by a number of prominent citizens including, IIRC, his CLEO. The ATF declined to consider it, because congress forbids the ATF from spending money to consider such appeals.

The appeal process is that the ATF considers the appeal, and if it denies it, the appellant can ask the local district court to overrule the ATF. Mr. Bean argued that the failure to consider amounted to a de facto denial, and went to court. The district court, and later the appeals court, agreed and granted him relief from disability.

The supreme court, in a 9-0 decision written by Justice Thomas, disagreed and reversed.

There is some very fundamental injustice in that case.

 

[joem1945]

Looks like a catch 22 so if placed on the list you have no way to get off except a costly legal court battle. I don't have a answer, I guess no one does.