NFA Denial Appeals Are Back On The Menu!

Published on January 27, 2024
Duration: 11:05

This video features attorney Stephen Stamboulieh discussing the re-establishment of NFA denial appeals, a process stalled by ATF-FBI inter-agency conflicts. A new Memorandum of Understanding (MOU) between the agencies now allows NFA appeals to proceed similarly to Title 1 firearms. Stamboulieh also highlights concerning NICS data regarding mental health and illegal alien disqualifiers, arguing that bureaucratic delays infringe upon Second Amendment rights.

Quick Summary

NFA denial appeals have resumed following an ATF-FBI Memorandum of Understanding (MOU), mirroring Title 1 firearm processes. Attorney Stephen Stamboulieh highlights new NICS data showing millions of mental health and illegal alien disqualifiers, arguing that bureaucratic delays infringe upon Second Amendment rights.

Chapters

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

Frequently Asked Questions

Are NFA denial appeals currently being processed?

Yes, NFA denial appeals are back on the menu. A new Memorandum of Understanding (MOU) between the ATF and FBI has been established, allowing the appeals process to resume, similar to how Title 1 firearms are handled.

What caused the previous halt in NFA denial appeals?

The appeals process was stalled due to an inter-agency conflict between the ATF and FBI. Specifically, the FBI refused to perform NFA background check determinations for the ATF, creating a breakdown in the system.

What new data has been revealed about NICS disqualifiers?

New FBI data presented shows a significant number of disqualifiers within the NICS system, including approximately 7 million related to mental health and 14 million entries for illegal aliens.

How do NICS delays impact Second Amendment rights?

Bureaucratic delays within the NICS system, which affect roughly 28-29% of applicants, are argued to effectively deny citizens their constitutional Second Amendment rights, as a delay can function as a denial.

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