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Obama’s FBI Cancels Due Process for Illegal NICS Denials
#1
This is an email I received from GOA:


Gun Owners of America has long argued that honest citizens should NEVER have to prove their innocence to the government in order to exercise a God-given, constitutionally-protected right.

We don’t require journalists to undergo background checks before publishing their stories.

We don’t force pastors to get their sermons screened.

We don’t do these things because they’re unconstitutional, and because giving government officials the power to decide who is “allowed” to enjoy their liberties will inevitably result in abuses.

That’s the problem with the NICS background check system, which is nothing more than an “infringement” on the 2nd Amendment rights of law-abiding Americans.

And this infringement is resulting in tremendous abuses:

* Nearly 200,000 military veterans have lost their gun rights because they were deemed as “mental defectives,” having suffered from ailments such as PTSD.

* And the Obama administration is now working to disarm those receiving Social Security benefits if they have someone handling their financial affairs.

But military veterans and seniors are just the tip of the iceberg. Consider what the President now has in store for the rest of us:

1) Barack Obama's illegal “executive actions” would vastly extend the NICS requirement to gun collectors and hobbyists -- threatening them with five years in jail and fines of $250,000.

This turns more than 200-years of freedom on its head. Private individuals will no longer be able to freely buy and sell firearms, but they’ll constantly wonder if their next private sale might result in draconian penalties.

Of course, the only reason that Barack Obama could even expand background checks is because the NICS infrastructure already existed -- the Instant Check law having been drafted as a “compromise” by another pro-gun organization in the early 1990s.

2) As a result of Obama’s latest war against gun owners, any person who is illegitimately stopped from buying a gun because of the NICS check is NOT being allowed to appeal his or her denial.

Why? Because according to USA Today (1/20/16), the FBI has decided to ignore federal law and halt all appeals of erroneous gun denials.

Never mind that subsection (f) of the Statutes-at-Large portion of the Brady Law requires the FBI to explain the reason for a denial within 5 days, and subsection (g) requires an “immediate” correction of erroneous records. That is now being thrown out the window.

USA Today reports that since October, the FBI has transferred all 70 appeals examiners to other duties -- illegally. Presumably, the FBI's intention is to refuse to comply with the law unless Congress gives them more money.

But, of course, if “mortals” refused to comply with the Brady Law, they would go to prison.

Bottom line: The Obama administration says they don’t have enough resources to implement the Brady Law -- instead, choosing to deny honest gun owners their right to keep and bear arms.

So GOA has a better idea. If they can’t protect the rights of gun owners under the Brady Law, then they shouldn’t be allowed to illegally expand the law to deny the rights of even more gun owners.

So please contact your Representative and Senators and urge them to NOT give the President the extra money he is seeking for additional ATF agents.

You can do this with just a couple clicks of your mouse.

And while you’re contacting them, urge them NOT to reward Obama with the “legacy” sentencing legislation (H.R. 3713 and S. 2123) that we alerted you to in previous alerts.

In liberty,

Erich Pratt
Executive Director
Gun Owners of America

P.S. Please urge your Representative and Senators NOT give the President the extra money he is seeking for additional ATF agents. Plus, urge them NOT to reward Obama with an anti-gun sentencing bill (H.R. 3713 and S. 2123) which the president hopes will serve as one of his “legacy” items.
sgtsandman, proud to be a member of pa2a.org since Nov 2014.
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#2
This isn't a surprise to the other branches. They just don't give a shit either. That's why this crap will continue.
NRA Life Member, NRA Certified Instructor:  HFS, Pistol, Rifle, PPIH,PPOH
Suarez Combat Arms Instructor School
Admit nothing.  Deny everything. Demand proof.
If we lie to the government, it's a crime. If the government lies to the people, it's called politics.
Paying for welfare is slavery.
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#3
Sime still do but I'm afraid not enough to matter.

So, you are correct. If they gave a shit, a lot of the shenanigans this President and past ones did would have been stopped. Instead, they roll over and expose their belly like the good little dogs they are, looking for a belly rub for being a "good boy".


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sgtsandman, proud to be a member of pa2a.org since Nov 2014.
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#4
So you can get denied for basically no reason and there's nothing you can do about it?

Nice....real nice.Dodgy

I know I'll be making phone calls tomorrow.
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#5
In some instances, it appears so. I know there have been issues with vets with PTSD and the VA and recipients of Social Security. On the SS side, certain instances where a person has someone else take care of their finances has been enough to deem them incompetent and lose their right to have firearms.

The biggest problem is the lack of due process. You get the right person that has the power to change your status via a report, you are up the creek and a lot of legal headaches in your future. Supposedly, there is a process to get that fixed but the portion of the government that handles it is either underfunded or unfunded.

IF they get that push about those on the no-fly list being in the NICS system, you are really screwed. There is no system for appeals system or way to address the issue, or so I've read.
sgtsandman, proud to be a member of pa2a.org since Nov 2014.
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#6
Here's a less hysterical version of the story:

https://www.nraila.org/articles/20160122...al-appeals

Please bear in mind that GOA tends to exaggerate things a little bit, and while yes, I'm sure this "backlog" is by design, I'm not entirely convinced it will mean there will be zero chance at winning an appeal, as GOA is making it sound.
Unbanned since September 2012.
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#7
GOA does tend to go "full retard" on occasion.

As far as the appeals system, all I can say anything for sure, issues with the VA and SSA can be appealed but it will be a long and painful process.


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sgtsandman, proud to be a member of pa2a.org since Nov 2014.
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