A letter sent last Friday by this correspondent to House Committee on Oversight and Accountability Chairman Rep. James Comer asks the committee to have Attorney General Merrick Garland and Federal Bureau of Investigation Director Christopher Wray explain where the FBI is delegated the authority to allow the National Instant Background Check System (NICS) to be used to process New York State ammunition transfers.
The inquiry is being made because the FBI’s “Firearms Checks (NICS)” page, the DOJ’s NICS rules for FFLs and POCs (Point of Contact states), “Public Law 110–180, An Act To improve the National Instant Criminal Background Check System”, and the “Fix NICS Act” address firearm transfers. There is no mention of “ammunition.”
Can NICS be used for purposes for which it is not federally authorized?
To find out, I submitted a Freedom of Information Act (FOIA) request to the FBI in March for documents and records to clarify authority and determine decision-making (and decision-makers) authorizing the use of NICS for New York State ammunition background checks.
In June, instead of producing what was asked for, the FBI returned copies of two nonresponsive Code of Federal Regulations (CFR) sections anyone can pull off the internet. Neither even remotely address the scope of the request.
“It’s clear that the FBI has no intention of responding, which makes fair another question,” I observed. “Why?”
The final straw came this Tuesday, when my attorney Stephen Stamboulieh, received a response from DOJ’s Administrative Appeals Staff Chief Christina Troiani in which she told him, “After carefully considering your appeal, I am affirming the FBI’s action on your client’s request… I have determined that the FBI’s response was correct and that it conducted an adequate, reasonable search for responsive records subject to the FOIA.”
To paraphrase: We’re not going to tell you. Deal with it.
I could file a lawsuit, and that option remains open, but it would not only require money and effort to fund and pursue, and there is every indication we would be stonewalled with no end in sight. Another choice would be to give it to the people whose job it is to make sure government agencies operate within the law, the House Committee on Oversight and Accountability.
Unlike FOIA requests, which can ask for records, the committee can ask questions and has subpoena power to cut through to the chase and get them answered. It also doesn’t hurt that, per the National Rifle Association, Chairman James Comer “a solid record of leadership in support of the Second Amendment,” so he should be especially interested in making sure no agency is assigning itself infringement powers.
And to be clear: Like fighting the bump stock ban wasn’t about bump stocks, this isn’t about ammunition. This is about self-delegating power and brings to mind nothing so much as the famous painting of Napoleon crowning himself.
My letter to Rep. Comer, which went out today via return receipt mail, is embedded below. I begin by introducing myself to him so that he can see I’ve worked with Oversight before, on Operation Fast and Furious, and the information I gave them then panned out into one of the committee’s major areas of focus for years.
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. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.
“Can NICS be used for purposes for which it is not federally authorized?”
No!
Will it?
OF COURSE!!!!!
Dems have never seen a law/rule/regulation that they didn’t just love to violate!
Like this one?
https://bja.ojp.gov/program/it/privacy-civil-liberties/authorities/statutes/1286
The real problem is entrenched bureaucrats who cannot be held accountable for anything they do.
Shire the light of truth on the government and watch the roaches run
So, is anyone surprised that our Government and it’s lackey agencies are corrupt? I have a bad feeling that this is only the beginning. After our firearms and free speech are gone, what’s next?
I don’t know because I will be dead because of refusing to comply. But there will be more than one body bag needed, I guarantee that.
And when it is all over if it is determined that the DOJ/FBI cannot do background checks for ammo, will Oregoneistan use its own state powers to enforce it’s own rule that ammo will require a background check like it is trying to do with measure 114 requiring a check to get a license to buy a gun? Will states like Kommiefornia have to stop background checks for ammo? Will they be forced to let their serfs buy ammo via the mail again or will their own rules override the federal government like they are doing with Bruen via back… Read more »
States would not override federal law. Instead they would require residents to use a separate background-check system run by the state. Question being asked in article is whether NICS can be used – not whether background checks can be required. St Benitez ruled that BCG for ammo fails under Bruen. However 9th circuit appeals court suspended his ruling pending their own unconstitutional ruling. Issue you are facing is that state will likely suspend sales until they get their check system set up – even once it’s set up it will be slow and provide large numbers of false positives. So… Read more »
I am sure Nics can be used unconstitutionally. The FBI already said they would provide back ground checks if the law goes through that we need a permit to buy a gun all of which is unconstitutional. They are making a special exception to the rule to help support the requirement of what would be new law. I am glad for you. Nevada and Idaho is not far away. I can currently buy all I want from them if Oregoneistan decides to join up with the rest of the leftists. I am almost to the point to where I can… Read more »
I’ve looked on Zillow at property in Wyoming and Montana. Property out in the middle of nowhere, is now skyhigh. Article said that since the TV show ‘Yellowstone” has been on, real estate agents say hundreds of calls from people in NYC and New Jersey looking to purchase a ranch in Wyoming and Montana.and they say money is no option. Look at that TV show million dollar mansion in NYC and Los Angeles. Homes selling for $5 million dollars, $10 million dollars and they say they can write out a check right now for the property. In Jackson Wyoming some… Read more »
I know what you mean. I have read the same thing and experienced the same thing when looking at properties in Wyoming, Montana and South Dakota. Four years ago what was once 150,000 is now 250 or 300. Prices in SD are booming. In Wyoming 1 acre was about 180,000 in Jackson Hole about 7 years ago. Like you said, bring out your millions if you want that same property today. They say they are pricing out the trash and they will never have a Walmart. Another problem not mentioned is that they buy a large lot of land and… Read more »
music … Something that has started happening in that large city (by local standards) south of here is those “food closets ” or food pantries are being robbed and cleaned out at night .
I wouldn’t doubt that it is being done by the people that use them. Then they can try and sell, trade sex or drugs or guns and ammo for the food.
If it is the people against food closets, I approve their message because if you don’t feed and clothe them, they will not stay.
People living in motor homes was never a problem either. Now we have that and they go to Angie’s list to find work which will be their next mark. It’s already happened.
music … illegals are not as obvious as some places . There is a complaint in that city I spoke of that homeless camps are growing . City council is beginning to respond to reducing but then they just bought an old school building to convert to homeless shelter .
Great, like that will make them go away.
music … Yeah seems it would work better to buy them a one way bus ticket to commiefornia or howaii . Nice weather for them there .
load them in cattle cars send them to mexico
swmft …OK . Is there any deep water to cross ? I saw an article that said they were using some old train cars to make artificial reefs .
I like Hawaii. The can bunk down with Obama and Zuckerberg.
music … Amazing Bus Ride !
Yep, they can take the bridge that goes from kommiefornia to hawaii.
We have probably hit our transfer of idea limit or maybe you said a bad word like free!!!!
music … City council taking notice want to reduce .
It will if you refresh.
they didn’t like council of city
What a deal. If it is an older school there is a chance it has a bomb shelter in the bottom of it.
Oh, just a little to descriptive huh? Must be on the leftist name protect list.
I heard that the illegals and other groups, use fake ID’s and get all their family members to go to food banks and donation centers and get free food and free clothes and then take everything to the flea market or swap meets , sell it and get cash to buy beer, cigarettes and drugs.
Silver … Figures
That’s a common occurrence. I belonged to a church and we went to a big industrial place that received food that was almost at the expiration date. They only gave to charities that spread the food around. I saw two people there that worked for the state with me at DMV. I asked around at work a few days later if anyone new about them doing work with the food closet. One of them said oh yes, we buy food from her all the time.’ Everyone is scamming everyone and the people that really need it are not getting it… Read more »
liberals shit in their own nest, then when the rancor gets so bad, they leave and pretend it wasn’t them who caused the mess.. running to unpolluted places with their filth just to start the process over again.
Our government feds are already going full on tyrannists. If you take into account that there have been two full on attempts at killing Trump, I have doubts that the election will even be held this year, if that’s what you want to call it. Our Republic is in peril and that ain’t no joke.
…it’s now up to us “we the people” to decide if we want to keep it or not. ..the govt no longer exists. if the scum wants a fight…they got it…. 5Nov. will be full on…
We will have an election, even if we have to force one. We will not standby and let the left control us via the ballot box and cheat again and if it somehow manages to do so and it is proven, unlike 2020, expect trouble. I am armed, well fed for 2 years, have an indefinite water supply and some of my neighbors are too. It’s the democraps that think the government is going to save them that will be starving and unprotected. Democraps count on republicans just sitting by and watching it happen and doing nothing about it like… Read more »
I certainly agree. No matter who prevails (win don’t mean nuthin’ no mo) there will be violence. How far it goes depends on our military. What it does, depends on who prevails and how fast Trump can get rid of those asshats that have been ruining it for the last four years as fast as he can. That will be an insurrection according to them, and then folks…………start praying harder!
Oldman I am not sure about the military because I believe unless there is Martial law then it will have to be up to the governors if they get National Guard help or not. ObiDUMB would call in our troops and the UN if he could and declare martial law to stop the change of power. Kamalatoe would do it almost the day she becomes president and I think she will be installed just before the election because I think O’biDUMB is going to pass the torch. She will proclaim that semi auto is an existential threat to our health,… Read more »
I would disagree on one point that you mentioned. I don’t believe that Biden will step down before the election. Maybe right after, if the dims supposedly win. Remember, if Trump takes it, who would pardon the Prodigal son Hunter?
I see O’biDUMB stepping down so Kamalatoe can pardon Hunter.
Yep, but only after the election. If Biden does it before, he risks too much. If Trump wins and Biden steps down so Harris is prez for two months, How is that gonna look to the public, either left or right?
The right wont care and will say typical antics by the left. The left will say, hey we scored another DEI point to prove that we are the only tribe that believes in equality for everyone. Most women in congress, first black president, first women president that was half black half indian. Proof that we are the diversity that America wants and we are not like those mean nasty racist republicans. Vote democrap, we are the only ones that are truly for the little people, oops I mean not for the rich like the republicans are. Sheeple will suck it… Read more »
Musicman
Can you imagine calamity hee haw Harris as ” commander in chief of the armed forces of America”?
I guess that’s where her nickname ” heels up Harris” and ” knees down Harris” will be for negotiating with foreign leaders.
I will say something here that is true. I won’t win any up votes with it but I can prove my point. The majority of men think with their dick. If they can get that magic crack or lips they will do almost anything for it and to hell with everything else. Kamalatoe has proven that the truth I speak has risen from back door state politics taking care of a Willy to being vice president of the USA. Some presidents have gone as far as to get a Monica so the girl can get a HEAD. Having a fugly… Read more »
Oldvet
Because of health issues I need to stay close to hell for fair health care. If the government pulls funding and changes the system to where you only get that care in the Rat infested cities, I am screwed. I refuse to live in a 15 minute city.
Believe me, if I and my wife were healthy, I would live back in the woods at the end of the road on a large piece of property on top of the hill.
music … Don’t know what kind of health care you need but good health care 30 miles from that home site .
Good roads
Pacemaker, diabetes, blood clot’s, hypertension, high BP, cholesterol and a few things more. I am probably not far from seeing the end.
The window to save one from a heart attack is one hour and if you need to be defribulated it is 10 min. 1/2 hour for the ambulance to get to me would probably mean I would be dead by the time they get there. Right now the timeline is about 8 min to get here, 15 min to load my fat ass on the stretcher and 8 min to get to the hospital.
How about a home defibulator like they are putting in the schools around here
Hum!!! I wonder how much they cost and if my wife you use it on me or just wave good by. Just kidding.
on second thought, would that blow up my pacemaker? Hummmm!!
music … There is a small town about 3 miles from that site . They have a school .
They do have Fire dept and EMS .
Do you get snow in the winter or over 85 degrees on hot days in the summer?
music … Yes we get snow but not over a couple inches at most they are pretty good about clearing roads . Heat … yes it is 80 degrees right now . Temp can get up over 100 with feels like 110 plus
I think they said last year we had at least 10 days in a row 100+
Bless you for being able to handle that. Sacramento used to get up there and a little more. I get over 85 or so and I start melting and am not worth squat. I want to hug the AC , drink lots of tea and not do anything.
music … Since I retired I pretty well stay inside in the AC when it gets up there .
My friend in Tennessee said he treats it like Sacto. You get up early, go to work when the daylight hits and then when 2 o’clock comes you go hide in the house and stay cool until after dark.
music … Ope once found it interesting that I live a little over 100 miles as the crow flies from the exact center of the lower fourty eight .
OV that is pretty cool. I have a cousin that lives in KC Kansas.
music .. Thats about 4 hours north east of here .
OV
I don’t know what that particular town looks like but i do not like flat.
music Yeah around here it is reasonably flat little ups and downs mostly because of river bottoms
Oh, I don’t want her you can have her, she’s to flat for me. I do like Kansas though. I think if I went east to another mountain range I would go to Kentucky. Things are pretty cheap there too for now.
Lot’s of good blue grass.
Have you looked at the Albuquerque area?
Or Amarillo, Texas areas?
I am not about to step into the hornet’s nest of New Mexico. Remember, she decided that you cannot carry in a section of a town because it was to dangerous?
I am not sure about the weather in New Mexico but I know that AZ and TX is too hot but I must admit that moving down the street from the Spirit of the Wild guy Ned Tugent does sound appealing.
new mexico hot and dry , Kentucky is West Virginia light , not as much snow and less hicks Louisville is crazy before the derby , reasonably close to talladega for cmp site close to camp perry
Oh, lot’s of hicks, sounds good to me, I hope they are not a sanctuary state. I bet New Mexico is.
I own property in germantown look it up, I have problems everyone speaks englishconfuses me for a few days feals like america oh everyone has at least 1 gun
I’ve read the Biden administration is having veterans removed from VA hospitals so pregnant illegal women can have their ” anchor babies” there and become American citizens.
And get free medicare and Medicaid, free snap benifits, ADC, free section 8 housing, free $1,000 a month to spend on beer cigarettes and weed.
Silver … Believe I heard something about transgender benefits too .
Yes that is a problem in New Dork from what I have seen in interviews of people living in the streets.
It’s sad how demoncraps always put their power base first and not the American people.
you mean the americans that were kicked out of the shelters so they had a place for the illegals …those people?
Yep
Like your choice for property. Top of hill high ground with good line of sight. Plenty of game and good water Stay in the fight Music
boy that describes me power lines are 2 miles from the house, I have hydro power so what do I care
That is too cool. Got fish?
No proof of cheating or election fraud in the 2020 elections (Except by trump and his fake elector scheme cronies). We only hear trump and mouthpieces blathering on and no proof is or has been provided.
Many cities have early voting in October.
I will vote in October
I will vote as soon as I get my ballot.
going first day of early voting ,site is next to where I often have breakfast
I was just commenting on how you’d clean up my response because I couldn’t remember off hand what they wanted to use NICS for…. correct, it was the “license to purchase” scheme.
I wouldn’t want to be up against you on Jeopardy… ” I’ll take libtards suck for $1000 please Alex ” ( yes I know he retired for a dirt nap)
Da da da da da da da da, da da da da, dit, dit dit dit dit dit da da, da da da da da da da, dit dit dit dit dah dah dah.
The answer is, libtards suck for 1,000 dollars Colt, where do we mail the check. oops, it was the daily double.
Take care, many thanks for playing.
Here in Kommiefornia, the background check is run through the DOJ. Our illustrious AG Rob Bonta now wants to raise the fee for running this check from one to five dollars for each purchase. He would have us believe that it costs the state five bucks to run your name through a database that you’re already on if you’ve bought a gun in the state. There is a lawsuit, Rhode v Bonta against the background check. In January Saint Benitez ruled it unconstitutional and issued an injunction. For about a week we could have ammo shipped to us again. Of… Read more »
Yep and the same thing happened to commiefornia regarding magazines. You know your state is left when things the conservatives want get put on hold but things the left wants is implemented ASAP and you have to fight it in the courts to get it removed. The whole left coast is crap now. ObiDUMB has given them the confidence to do what ever they want because they know if we don’t follow or honor it, we will be blown up with F15s, tactical nukes and drones. They need to start with Portland but I am sure that zone will be… Read more »
hard to believe Saturday night specials were mostly made in comi back in the day
I didn’t know that. I figured they were dads S&W or Colt that was stolen out of the drawer.
“It also doesn’t hurt that, per the National Rifle Association, Chairman James Comer “a solid record of leadership in support of the Second Amendment,” so he should be especially interested in making sure no agency is assigning itself infringement powers.”
You know who supported and advocated for NICS? The NRA.
You know who supported and advocated for FixNICS which expanded the massively failed background check system ensuring even more people will be denied their rights? That’s right….the NRA.
I wouldn’t put too much stock into them claiming someone is pro-2A. They’re not even pro-2A.
I kissed Negotiating Right Away back in the 70s when I was in the business! I’ve got no use for them, to this day! GOA!
New York State as California are the testing grounds for democrats looking to redefine the law. They say if it happens there it will soon happen in democratic run states. The FBI has shown that it is working for one political party in the twenty first century. There are 438 agencies in the US gov with 73 law enforcement agencies that are known to be armed. Current data shows 137,000 employed armed agents of the federal government in service this day. This does not include the military or those working abroad The true number might never be known. When searching… Read more »
Actually, I believe that they did answer your question. By responding with completely off-topic and non-answering “answer”, they have actually told you that “No, we can’t find anywhere that grants authorization. Instead, here’s some BS that we could find that is irrelevant.”
Take them to court and provide their answer as evidence in the negative. If they try to backtrack and provide different evidence in the affirmative, then the question becomes why didn’t they provide that in the first place. Can you sue them for purposefully and knowingly responding to a FOIA request with BS information?
So commiefornia and new York have background checks on ammo. So has this stopped ” crime”? Of course not. This isn’t about stopping criminals , gang bangers, it is about restricting law abiding American gun owners. From what I’ve read, in Commiefornia, a person can only buy ammo for guns that are registered with the police? So a person can’t have a collection of various cartridges? Is a background checks required for buying brass, bullets, primers and powder for reloading? What’s next? A three day or five day waiting period to purchase ammo? The far leftist politicians want to ban… Read more »
Atta Boy David!
check should not include information about the gun purchased just if person is a prohibited person ,could be used for apartment rentals,car rentals
FOIA is simple an admission on the part of our federal government that Congress has been neutered by the administrative state and either can not or will not use its oversight powers to truly oversee the bureaucracy. Not my idea but the idea of at least one Nobel Prize winning economist, James Buchanan who detailed this very problem in his Public Choice Theory. There used to be a few agencies who actually took Congressional Inquiries seriously and I know that for a fact having served as a base inspector while on active duty in the Marine Corps. But that ethic… Read more »