Where NICS appeals go to die

Part of the Brady Bill, the National Instant Criminal Background Check System (NICS) went live at the tail-end of 1998 and since then they have processed 289 million checks. Most go through in under a minute.

I can remember working at a sporting good store for a few years moonlighting from my day job in my 20s and performing hundreds of checks in that time period. However, every now and then, you would get a “delay” while they are making a decision that requires more than a simple look-see. These come back later as either a “proceed” or a “denied.”

While there have been 1.5 million denials over the past 20 years, that doesn’t mean 1.5 million people who shouldn’t have a gun were kept from getting one.

In a lot of cases, guys with a spotty record will shop around and run a check several times over several years. Then again, there are a good many legit mixups, especially on people with common names. Odds are, if your name is Bill Johnson, there are probably a few prohibited firearms possessors that share your moniker, and it can jack up your profile– seems far-fetched but remember, this is the federal government here.

A lot of denials are appealed by those who were told to buzz off and, when the FBI eventually figures out where the mistake is, they fix it and the person gets greenlighted to buy a gun.

The problem is, appeals for denials have been glacial since 2015 due to understaffing at NICS, which means people who were refused for no reason can’t often get their record corrected.

I spoke with a pair of lawyers representing five plaintiffs (and 100 more pending) in a federal lawsuit who are in just a such a pickle. In covering the case for Guns.com, I have gotten several emails from readers who have similar problems, leading me to think this may be more widespread than people know.

More on the case here

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About laststandonzombieisland

Let me introduce myself. I am a bit of a conflict junkie. I am fascinated by war and warfare, assassination, personal protection and weaponry ranging from spud guns and flame throwers to thermonuclear bombs and Soviet-trained Ebola monkeys. In short, if it’s violent or a tool to create violence it is kind of my thing. I have written a few thousand articles on the dry encyclopedia side for such websites as Guns.com, University of Guns, Outdoor Hub, Tac-44, History Times, Big Game Hunter, Glock Forum, Firearms Talk.com, and Combat Forums; as well as for print publications like England Expects, and Strike First Strike Fast. Several magazines such as Sea Classics, Military Historian and Collector, Mississippi Sportsman and Warship International have carried my pieces. Additionally I am on staff as a naval consultant and writer for Eye Spy Intelligence Magazine. Currently I am working on several book projects including an alternative history novel about the US-German War of 1916, and a biography of Southern gadfly and soldier of fortune Bennett Doty. My first novel, about the coming zombie apocalypse was released in 2012 by Necro Publications and can be found at Amazon.com as was the prequel, Chimera-44. I am currently working on book two of that series: "Pirates of the Zombie Coast." In my day job I am a contractor for the U.S. federal government in what could best be described as the ‘Force Protection’ field. In this I am an NRA-certified firearms, and less-than-lethal combat instructor.

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