Class Action Lawsuit For Wrongful NICS Denial Gaining Steam

I’ve personally never run into a problem with the NICS system when purchasing a firearm, but some people clearly do. I’ve heard of plenty who have had delays on their firearms for no good reason, and it’s aggravating for those poor souls.


However, what about the guys who fail the NICS check but aren’t prohibited individuals?

Well, it seems they’re bent out of shape over the situation, which I don’t blame them for, and they may now looking to take action. Class action, that is.

From Ammoland:

Rumors have begun that a class-action suit against the FBI, BATFE, NICS-system operators and DOJ itself may be in the works, from people whose civil rights were wrongfully denied by bad firearms background checks.

Multiple reports have surfaced that at least 25% of retail-sales denials are completely erroneous.

Professor John Lott has estimated that up to 99% of NICS denials are false positives, and based on the number of actual criminals apprehended or convictions obtained, NICS basically just denies rights without much crime-fighting component evidenced, at enormous cost and delay.

The class of people whose fundamental constitutional civil rights have been withheld or outright denied by NICS is likely in the millions.

This may just be rumor at the moment, but it doesn’t need to be. This needs to be a thing.

After all, if the Sutherland Springs killer can buy guns through law-abiding dealers, non-prohibited people should be able to do so as well, and if they can’t…well, a right delayed is a right denied.

The NICS is broken. That’s really the only way to describe it, and that’s why so many of us oppose the whole No Fly, No Buy idea. It’s not that we want to arm terrorists, but that a system that already denies law-abiding people their constitutional right to keep and bear arms shouldn’t be empowered to do the same to even more Americans who have done nothing wrong.


Remember that Sen. Ted Kennedy was on the No-Fly list, and we all know he was much more of a danger while driving.

To think of the millions of people who are denied their constitutional right…

There’s no way this nation would allow this to be the case if we were talking about voting rights or right to free speech. There’s no way at all it would be tolerated. There would be congressional hearings on the matter and the talking heads on both sides would be blaming someone for the problem while saying something needs to be done about it.

But since we’re talking about gun rights, most like to pretend the problem doesn’t exist.

Well, it does. Unfortunately, the Fix NICS bill is unlikely to do anything to fix this, so something has to be done. A class action lawsuit just might, unless Congress steps in and acts, which they should.

Adding the names of bad people is a good thing, but taking out the names of people who shouldn’t be in there should be a good thing too. This shouldn’t be a partisan issue either.

Of course, that just means it will be.

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