Friday, April 26, 2019

Firearms Law Seminar - Derek DeBrosse On NICS Checks And Appeals

This presentation had lots of interesting stuff and I tend to deal with NICS appeals and firearms rights restoration so it was a good presentation.

Pleading to even simple assault can still violate Lautenberg, so you need to be careful how you plead any domestic-related misdemeanor charge.

Since 2018 NICSis getting more records and details on assault and similar convictions to see if there is a domestic violence nexus and thus the person my be classified as prohibited when they were not before.

He noted from 1994-2014 of the performed 197 million NICS checks in that time period, 1.5% were denied.

3 databases are hit in the NICS check, and states may have more stringent rule on transfer.

NICS proceed records are supposed to be destroyed the next day after the proceed is given.

If you're buying a firearm for your trust or other entity such as a on a Form 4, there is a certification you should do when completing the 4473.

2018 Act was done to encourage completing records and make sure federal agencies report disqualifiers to NICS to prevent the recurrence of cases where for example a Department of Defense conviction was not reported, letting the fellow to buy a gun and shoot up the First Baptist Church in Sutherland Springs, Texas.

He noted the Voluntary Appeal File processing time for NICS appeals is around 3 years currently but highly variable without rhyme nor reason for why some is quicker and others slower.

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