Obama FBI Shuts Down NICS Background Check Appeals Process For Gun Owners

June 11, 2016, by Ken Jorgustin


Obama’s war on gun owners continues.

Apparently the Department of Justice reports that 95% of initial denials under NICS are ‘false positives’. And now there is no longer an appeals process if you are one of the unlucky one’s who failed a NICS check upon purchasing a firearm, when there has been a mistake…

NICS is the National Instant Criminal Background Check System. It is designed to stop criminals from being able to purchase a gun (although most criminals obtain them illegally). Whenever a person chooses to purchase a firearm at a gun store, etc., the ATF Form 4473 is filled out and the gun store uses this form to submit your personal information to the FBI and NICS via a phone call.

The thing is, now, if your background check comes back as a denial, not only will they not tell you why you’ve been denied, but you are no longer able to appeal to the FBI for the denial!

Your constitutional right will have been repudiated by the government and no one can tell you why…


This is a nightmare scenario for a law-abiding citizen who has done nothing wrong and has a perfectly ‘clean slate’. Apparently this happens ‘lots’. Perhaps because your data was entered incorrectly, or maybe you have a common name with someone who truly is a criminal, or any number of other illegitimate reasons for being denied.

Apparently Obama’s FBI stopped the appeals process during the end of 2015 (I just heard about it via a current GOA issue (Gun Owners of America). There are already more than 7,000 appeals (which are not being processed anymore) since January (remember, 95% of initial denials are false-positives so many or most of the 7,000 are likely legitimate appeals).

This might even happen to you next. Who’s to say what nefarious things are going on behind the scenes which may ‘magically’ pop up during your next NICS check… with no subsequent appeal.

Well there is one (freshman) representative, Tom Emmer (R-MN) who has introduced legislation H.R. 4980 (the Firearm Due Process Protection Act) to force the government to process an appeal and make a determination within 60 days.

The thing is, you need to get your own representative on-board with this bill. So I’m putting it out there for your consumption so that if you are concerned about your ongoing firearm rights, you better do something about this one…

Find Your Representative – House.gov
Here’s an example letter/email for your rep:

Dear Representative:

Constitutional rights cannot be denied without due process of law. But that’s exactly what the Obama administration is doing. Mismatched fingerprints, spelling errors, and duplicate names mean thousands of law-abiding Americans are wrongly flagged as criminals and denied the right to buy a gun.

Under the law, wrongly-denied buyers can appeal their denial, but the NICS Section, the office in charge of background checks, has halted the appeals process altogether.

That’s why Congressman Tom Emmer has introduced H.R. 4980, the Firearm Due Process Protection Act. It forces the government to hear appeals and report to Congress on their flawed NICS database.

Please co-sponsor and vote for H.R. 4980, the Firarm Process Protection Act.


So, what do you think about this latest attack on the 2nd Amendment?

During Obama’s remaining months, will there be even more?