Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > POLITICS, LITIGATION AND ACTIVISM > National 2nd Amend. Political & Legal Discussion
Register FAQ Members List Calendar Mark Forums Read

National 2nd Amend. Political & Legal Discussion Discuss national gun rights and 2A related political topics here. All advice given is NOT legal counsel.

Reply
 
Thread Tools Display Modes
  #1  
Old 06-05-2018, 4:39 PM
wolfwood's Avatar
wolfwood wolfwood is offline
Senior Member
 
Join Date: Mar 2012
Location: San Diego
Posts: 1,276
iTrader: 0 / 0%
Default Lawsuit over NICS denials on 2a grounds (Umbert et al vs USA, USAG, FBI:US DC for DC)

Check it out. I just filed this lawsuit. The FBI stopped processing NICS denial appeals in 2015. I have filed several 925a lawsuits in the past which is the record correction statute but each case is mooted when the FBI voluntarily corrects the record at the onset of litigation. This suit adds a 2a component in order to try and cure this issue for all the thousands of Americans deprived of their gun rights by this policy in one suit.This suits in on behalf of 5 people that have had erroneous NICS denials. This suit asks for error correction per 925a and for declaratory relief that this ongoing policy violates the second amendment

read the press release that my partner wrote here

http://www.sdslaw.us/single-post/201...e-NICS-denials

here is the complaint
https://www.scribd.com/document/3811...ICS-6-5-2018-2




edit I need to curb some enthusiasm it seems. Even in a best case scenario this does not overturn suppressor bans. The best case scenario here is the FBI is forced to timely process background checks for firearms and suppressors in a timely fashion and timely process appeals. That is it.

That said this is a very real world problem that no one else was interested in tackling. And I find it ridiculous that tens of thousands of law abiding people are being deprived their firearm rights because the government claims it does not have money to process background check appeals.

Last edited by wolfwood; 06-08-2018 at 7:20 PM..
Reply With Quote
  #2  
Old 06-05-2018, 4:49 PM
sfpcservice's Avatar
sfpcservice sfpcservice is offline
Senior Member
 
Join Date: Jan 2009
Location: Suisun City
Posts: 1,714
iTrader: 0 / 0%
Default

Nice! Thanks for keeping up the fight.
__________________
http://theresedoksheim.files.wordpress.com/2010/03/gridlock.jpg

Voting "Yes" on a California bond measure is like giving a degenerate gambler more money because he says he has the game figured out....

John 14:6
Reply With Quote
  #3  
Old 06-06-2018, 6:25 PM
Blade Gunner's Avatar
Blade Gunner Blade Gunner is offline
Veteran Member
 
Join Date: Mar 2013
Posts: 4,414
iTrader: 15 / 100%
Default

Thanks. We’ve have been mistreated by various government entities for so long.


Sent from my iPhone using Tapatalk
__________________
If you find yourself in a fair fight, you're doing it all wrong.
Reply With Quote
  #4  
Old 06-06-2018, 6:46 PM
Half Cocked's Avatar
Half Cocked Half Cocked is online now
Senior Member
 
Join Date: Dec 2007
Location: Socialist Republik of Kalifornistan
Posts: 699
iTrader: 0 / 0%
Default

Sweet. Bureaucratic ineptitude is unacceptable.
__________________
Reply With Quote
  #5  
Old 06-14-2018, 10:31 PM
BAJ475's Avatar
BAJ475 BAJ475 is offline
Senior Member
 
Join Date: Jul 2014
Location: Kootenai County, Idaho
Posts: 2,027
iTrader: 6 / 100%
Default

Quote:
Originally Posted by wolfwood View Post
Check it out. I just filed this lawsuit. The FBI stopped processing NICS denial appeals in 2015. I have filed several 925a lawsuits in the past which is the record correction statute but each case is mooted when the FBI voluntarily corrects the record at the onset of litigation. This suit adds a 2a component in order to try and cure this issue for all the thousands of Americans deprived of their gun rights by this policy in one suit.This suits in on behalf of 5 people that have had erroneous NICS denials. This suit asks for error correction per 925a and for declaratory relief that this ongoing policy violates the second amendment

read the press release that my partner wrote here

http://www.sdslaw.us/single-post/201...e-NICS-denials

here is the complaint
https://www.scribd.com/document/3811...ICS-6-5-2018-2




edit I need to curb some enthusiasm it seems. Even in a best case scenario this does not overturn suppressor bans. The best case scenario here is the FBI is forced to timely process background checks for firearms and suppressors in a timely fashion and timely process appeals. That is it.

That said this is a very real world problem that no one else was interested in tackling. And I find it ridiculous that tens of thousands of law abiding people are being deprived their firearm rights because the government claims it does not have money to process background check appeals.
While the court may have jurisdiction to hear section 1983 claims, I do not see where such a claim is alleged. However, it does appear that sufficient facts have be alleged to state a Bivens claim but I do not see one in the complaint. Why? Would not a Bivens claim help you in opposing a motion to dismiss for mootness if the FBI approves all of your clients appeals?
Reply With Quote
  #6  
Old 09-11-2019, 3:15 PM
wolfwood's Avatar
wolfwood wolfwood is offline
Senior Member
 
Join Date: Mar 2012
Location: San Diego
Posts: 1,276
iTrader: 0 / 0%
Default

https://www.scribd.com/document/4254...mRMsYfHajwb5zc

got an order the case moves forward
__________________
“We are twice armed if we fight with faith.”

― Plato
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 6:15 PM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2019, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2018, Calguns.net an Incorporated Company All Rights Reserved.
Calguns.net and The Calguns Foundation have no affiliation and are in no way related to each other.
All opinions, statements and remarks made by Calguns.net on this web site and elsewhere are solely attributable to Calguns.net.