USA – -(Ammoland.com)- “The FBI has taken the position that it will not allow you to appeal your FBI background check and denial for an NFA [National Firearms Act] Transaction,” attorney Stephen Stamboulieh announced Monday. “Yes, the FBI conducts the background check, denies you, and provides the NTN [NICS Transaction Number] for your denial, but… no appeal for you!”
“[T]he Appeal Services Team (AST) of the FBI Criminal Justice Information Services (CJIS) Division’s NICS [National Instant Criminal Background Check System] Section does not process appeal requests for the NFA background checks,” appellant Kevin Francisco Borquez was told in an unsigned letter from the FBI dated June 12. “We apologize for any inconvenience this may have caused.”
“A NICS check is not required on the transfer of NFA items,” Historic Arms, LLC President Len Savage advised (See Section B, item 20 on page 2 of ATF Form 4473 and corresponding instructions on page 6). “However, the FBI does receive fingerprints and does a more extensive background check that includes use of the NICS prior to ATF NFA branch even beginning the transfer process.”
In the case of NICS appeals, a Freedom of Information Act request submitted by Stamboulieh produced the admission that the FBI “stopped processing front-end [appeals] mail on 11/25/2015.”
In Borquez’s NFA case, he maintains he has wrongly been denied a fundamental right by gatekeepers that got it wrong. And based on their response, FBI bureaucrats apologized but won’t do anything about it except return materials he submitted in his inquiry.
Does failure to tell an inquiring citizen who does process such appeal requests mean no one does?
“I didn’t believe it until I saw the document. I’m not sure how this is legal or proper, but we are looking into it,” Stamboulieh responded. “So basically, the FBI is denying you based on its database, and then wholesale refuses to allow you to appeal it. Smells like a due process violation.”
About David Codrea:
David Codrea is the winner of multiple journalist awards for investigating / defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament.
In addition to being a field editor/columnist at GUNS Magazine and associate editor for Oath Keepers, he blogs at “The War on Guns: Notes from the Resistance,” and posts on Twitter: @dcodrea and Facebook.
It is evident the FBI leadership has evolved into the SS Gestapo of the political left! And when Mueller stops his phony investigation into President Trump: Trump will compartmentalize the FBI and this “black hand” will be disbanded. This is why they cannot stop the investigation, because they know the very second it stops, the POTUS will compartmentalize the FBI and America will be the better for it. And the FBI can go back to fighting crime, rather than fighting conservatives.
The Fat Boy Institute: Corrupt since J. Edgar “Blackmailing” Hoover. They are not known as “Famous But Incompetent” for no reason. They tried to supplant the will of the American voters with a coup d’état. They tried to set up the President for impeachment. Coomey seized the power of the AGUS. Time for them to go.
They don’t have time; they are too busy looking for ‘Russians who are colluding’ or ass shooting a break dancer.
An obvious alternative is to actively search out dealers willing to sell a blackmarket product. Through history we have seen this occur. Denying a person access to something doesnt work. In this case we see the same circumstances during prohibition. The consumer wins. When government makes the hoops too small to leap through it is easierto run around the obstacle course as opposed to through the managerie.
There is no better time than now to get rid of these violations of our civil rights from a constant barrage of email, snail mail and shutting down tha switchboard. The left think they have people who march, hell we hav ed more that put our lives on the line and marching was just a way to get there to do it. These worthless pos’s and their attacks on our freedoms and civil rights is coming to a boil. Everyone in the DOJ,FBI, and batfe in a leadership position, that has any bearing on these matters need to be sued… Read more »
We have enough outlaws without making The People outlaws. It’s not even real agents doing this work it’s just people off the street they hire and usually liberals. As a career LEO in multiple agencies and retired Soldier this junk makes me so mad. It’s not all of us but we are vastly outnumbered these days.