Posted on 12/22/2017 8:48:56 AM PST by MtnClimber
Read more: https://www.ammoland.com/2017/12/class-action-wrongful-nics-denials/#ixzz520e1dx8p Under Creative Commons License: Attribution Follow us: @Ammoland on Twitter | Ammoland on Facebook
Rumors have begun that a class-action suit against the FBI, BATFE, NICS-system operators and DOJ itself may be in the works, from people whose civil rights were wrongfully denied by bad firearms background checks.
Multiple reports have surfaced that at least 25% of retail-sales denials are completely erroneous.
Professor John Lott has estimated that up to 99% of NICS denials are false positives, and based on the number of actual criminals apprehended or convictions obtained, NICS basically just denies rights without much crime-fighting component evidenced, at enormous cost and delay.
The class of people whose fundamental constitutional civil rights have been withheld or outright denied by NICS is likely in the millions.
Civil-rights denial under color of law or otherwise, aside from being detestable, is a felony under numerous federal statutes.
(Excerpt) Read more at ammoland.com ...
Go after the gun banners too.
Works for me—I seem to be in a permanent holding pattern with a two to three year waiting list on my appeal. For a case that was settled in 1983.
“This happened to me several years ago. The burden is on the individual, not the government to correct any errors. It cost over $2,000 in legal fees to clear my name.”
Doesn’t the Fumbling Bureau of Intimidation run this cluster? Of course with leadership like Comey, McCabe, Stroke, etc its a miracle if anything gets done right.
I have the opinion that under the Obama administration, there was a benevolent percentage of NICS allowed, but not the entirety, so as not to cause a stir among the unwashed.
“Doesn’t the Fumbling Bureau of Intimidation run this cluster?...”
The program does fall under the FBI in terms of formal authority and responsibility, but routine administration and daily activities are accomplished by private firms under contract to the federal government. Administering agency is likely DOJ.
Any program of this type has errors: false positives (denial, on someone otherwise eligible) and false negatives denied person permitted to accept transfer). Error rate can be reduced but never completely eliminated; it’s mathematically impossible.
Never had background checks all the years I was growing up.How did we survive up to 1994? They are just a sop to the “give them an inch they will take a mile” democrats and rinos. And all that for a god given/constitutional right.
read this! Thanks for the post
For about 15 years of my life I was denied for about 50% of gun purchases. When coming through customs I used to get questioned about living in New York and I explained that I never lived in New York.
After some research I found that someone with my same name killed a police officer in New York, but that person was dead when I was still being denied and questioned at customs..
That is scary. Is it all cleared up now?
I think they know I am not this person. But an anti-gunner can still use it to deny a purchase. They also have other information they could use, but if someone is just looking for a reason to deny a purchase, they can use it. I am all for a class action suit.
In my case, it was a minor data entry error when 1970's manual typed/writen court records were first being transferred to computers in the 1980's in a town where I went to college. The error caused the DOJ to think that I might be a person with a similar last name who was in prison at that time and had been in prison most of his adult life.
A very cursory review of the records by any sentient person would have cleared me without question. But not the DOJ. They did not attempt to confirm anything; only a denial of purchase one day out of the blue in 2012. At the time of WTF moment I was 58 years of age and had been purchasing firearms with no problem for 35 years!
I had to hire an attorney local to the area and the process took well over a year. It cost me over $2,000. To top it off, when the DOJ ass hats finally got around to clearing my name, I had to sign a release with them before they would send official notice to my attorney. The fact that I had officially hired him to speak on my behalf in or out of the courtroom, and he had been corresponding with DOJ directly for most of a year did not matter.
I can see how many people would get discouraged. It is a very difficult and fearful process. You fear that any moment the JBT's will be at the door threatening you and your family. The DOJ is not held to any timetable unless you threaten to sue them for violation of rights. Also, not everyone has $2,000 or so to spend on this bull shite!
I know. The democrats want to make as many people as possible ineligible to own firearms. Filthy bastards.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.