Today, one of my clients was vindicated after having been denied the purchase of a firearm, even though he was not a prohibited person. Of course, we had to file a lawsuit first, but at least we prevailed. He attempted to appeal the denial himself, all the way back from 2010, but got nowhere with NICS. I was contacted to look into the matter and filed suit in Washington, DC District Court.
After we forced the issue with a lawsuit, the government responded today:
Dear Mr. X: This letter is in response to your inquiry concerning your eligibility to possess or receive firearms. The certified court documentation and/or other pertinent materials submitted have been reviewed. Based on further review and investigation, we have been able to determine you are eligible to posses or receive a firearm. The FBI Criminal Justice Information Services (CJIS) Division's NICS Section Firearm Appeal Certificates are enclosed.
While we are certainly pleased with the result, the length of time for appeals is yet another roadblock set up to deny people their fundamental right to keep and bear arms, and it should not have taken an attorney to prove that he was not a prohibited person. The interesting part of this: he appealed a denial in 2010 which apparently was only just handled now after we filed suit. 2010! We have one other case pending in DC right now with a number of cases yet to be filed. Stay tuned for further updates.