“Beat” NICS in Court? You’re Still Stuck With the Bill

    NICS, or the National Instant Criminal Background Check System has long been a problem for current and prospective gun owners. Replete with errors and with well-established gaps in its records its far from perfect, especially for those erroneously denied a firearms purchase.

    Recently, Stamboulieh Law, PLLC, posted up on one of their latest cases,¬†Ledet v. USA, where their client Mr. Ledet was forced to sue the United States to get his NICS checks records corrected. Despite having NICS “roll over” and correct the records, Mr. Ledet is not the “prevailing party” in his own lawsuit, as no judgment was rendered as the point of the suit was moot – NICS corrected its records.

    Basically, the Court did not issue a ruling as the claimant received “relief” through the successful resolution of the NICS check allowing him to purchase a firearm. Therefore, he was not a “prevailing party”. Per the Court’s judgement:

    “[A] plaintiff does not prevail even though its action has caused the defendant to change is primary conduct, because the plaintiff does not thereby obtain a ‘judicially sanctioned change in the legal relationship of the parties.'”

    So, in short, unless a court orders the FBI to change its records, the FBI and its NICS division can drag out a case and increase the costs of the plaintiff and so long as they change voluntarily without a court order, NICS is off the hook for costs.

    Want to get your rights back? You’ll be stuck with the bill.

    The full decision can be found here.

    Frank.K

    TFB’s FNG. Completely irreverent of all things marketing but a passionate lover of new ideas and old ones well executed. Enjoys musing on all things firearms, shooting 3-gun, and attempting to be both tacticool AND tactical.


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