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Thread: Attorney

  1. #1
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    Well, it looks like it's going to take a lawsuit to get NICS/FBI to admit they made a mistake. Anybody know an attorney they would recommend for a firearm-rights case?

  2. #2
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    Did you try again? And did you follow the NICS appeals process? You can't get a lawsuit if you don't exhaust your other means.
    Can't recommend a lawyer. Read up on the law yourself though.

  3. #3
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    "Did you try again?"
    You mean to purchase a firearm through a ffl? Not yet.

    "And did you follow the NICS appeals process?"
    Yes. That will take at least 3 more months according to their estimates.

    "You can't get a lawsuit if you don't exhaust your other means."
    Actually, you can. Unless I'm not reading Title 18 correctly, a legal action is allowed at any time.

    Thanks.

  4. #4
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    29er wrote:
    "Did you try again?"
    You mean to purchase a firearm through a ffl? Not yet.

    "And did you follow the NICS appeals process?"
    Yes. That will take at least 3 more months according to their estimates.

    "You can't get a lawsuit if you don't exhaust your other means."
    Actually, you can. Unless I'm not reading Title 18 correctly, a legal action is allowed at any time.

    Thanks.
    Although you can file a lawsuit any time you want, you might consider that few if any lawyers are going to take the case until the appeals process is completed. There is no point in filing a lawsuit that won't even go to court for several months, then halfway through the trial all of a sudden the ATFE reverses their decision and you get your firearm. At that point you no longer have a grievance and there is no grounds for the suit. As frustrating as it seems, I would give the appeal process time to work. If you want to get a lawyer have him draft a letter to the ATFE requesting information on why you were denied and the status of your appeal. This might speed up the process. You should also try to buy another firearm. Being declined is not a prohibition on purchase so there is no legal reason why you can't attempt to purchase again.

  5. #5
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    [/quote]"....few if any lawyers are going to take the case until the appeals process is completed."* [/quote]

    Maybe, but they get paid for their time either way.

    [/quote]* "You should also try to buy another firearm.* Being declined is not a prohibition on purchase so there is no legal reason why you can't attempt to purchase again."[/quote]

    I might just do that. However, I'm pretty sure they've got me flagged while the denial is active and it would probably just generate another denial. Also, according to the FBI's representatives in Clarksburg, the instant a person is denied, they consider that person ineligible to possess ANY firearm. So if I came into contact with a FBI agent while carrying, and they became aware I was in possession of a firearm, I might be arrested on a federal firearms charge even though I have a valid Washington concealed pistol license and no criminal record or pending charges! How's them apples?

  6. #6
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    29er wrote: Also, according to the FBI's representatives in Clarksburg, the instant a person is denied, they consider that person ineligible to possess ANY firearm. So if I came into contact with a FBI agent while carrying, and they became aware I was in possession of a firearm, I might be arrested on a federal firearms charge even though I have a valid Washington concealed pistol license and no criminal record or pending charges! How's them apples?


    Now that I would ask for a legal citation. They can't remove your right to own a firearm without a court signing off on it and to do that they have to provide probable cause and legal reasoning. Unless they can show you in writing where it says a denial removes your rights, I would fight that one and I would continue to carry.

  7. #7
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    You keep forgetting the new secret courts, and laws. You cannot
    be told you were revoked because of national security.

    If the government had to tell people they were criminals, them the terrorist
    would know they can't legally buy a gun, and go elsware for them.

    But you always have the due process clause, if you can find an honest judge.
    Check with a legal aid to help file the forms and file yourself,
    worst case they issue the licence to avoid the suite, and you 'won'.

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