NFA Denial Appeals Are Back On The Menu!

Published on January 27, 2024
Duration: 11:05

This video features attorney Stephen Stamboulieh discussing the reinstatement of NFA denial appeals. He details the inter-agency conflict between the ATF and FBI that stalled the process and the new Memorandum of Understanding that resolves it, mirroring Title 1 firearm appeal processes. The discussion also highlights significant NICS disqualifier data and legal challenges related to recovering attorney fees.

Quick Summary

NFA denial appeals have resumed thanks to a new ATF-FBI Memorandum of Understanding, resolving inter-agency conflicts. Attorney Stephen Stamboulieh explains this process mirrors Title 1 firearm appeals and discusses significant NICS data, including 7 million mental health disqualifiers and 14 million illegal alien entries. He also touches on legal challenges for attorney fees under statute 925A.

Chapters

  1. 00:00Introduction at SHOT Show
  2. 00:30History of Umbert v. USA
  3. 01:40ATF and FBI Background Check Conflict
  4. 02:15Case Study: Yosemite Graffiti Denial
  5. 03:51New MOU for NFA Appeals
  6. 05:35NICS Disqualification Metrics
  7. 07:23Right Delayed is Right Denied
  8. 08:40Legal Fees and Litigation Challenges

Frequently Asked Questions

What has happened with NFA denial appeals?

NFA denial appeals are back on the menu following a new Memorandum of Understanding (MOU) between the ATF and FBI. This agreement resolves inter-agency conflicts that had stalled the process, aligning it with the procedures for Title 1 firearms.

What caused the delay in NFA appeals?

The appeals process was stalled due to a conflict between the ATF and FBI. The FBI had refused to perform NFA background check determinations for the ATF, creating a breakdown in the system for denied applicants.

What significant data was revealed about NICS?

New FBI data presented shows approximately 7 million mental health disqualifiers and 14 million entries for illegal aliens within the NICS system. These figures highlight the scale of potential disqualifications.

What are the challenges with recovering attorney fees for NFA appeals?

Recovering attorney fees under statute 925A can be difficult. Unless a court affirmatively grants relief, plaintiffs may face challenges in recouping their legal expenses, even after a successful appeal.

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