Five plaintiffs who have been refused guns or suppressors due to a stagnant background check appeal process are taking the federal government to court over the matter.
The men, who live in Florida, Idaho, Indiana, Mississippi and Texas,
argue they were incorrectly refused a firearm through the National Instant Criminal Background Check System but the FBI hasn’t moved to process appeals since 2015, effectively making it impossible to lawfully purchase a gun, denying their Second Amendment rights. As such, they filed a lawsuit Tuesday in a Washington, D.C. federal court naming the FBI and U.S. Attorney General Jeff Session as defendants.
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Alan Beck, another attorney on the case, told Guns.com on Tuesday the hope is that the more light they can shine on the issue, the better.
“This is a clear violation of our clients Second Amendment rights,” said Beck, who has seen at least 100 people contact him over sluggish NICS appeals in the past year. “My hope is that the Trump Administration becomes aware of the FBI conduct and corrects this policy. If not I expect the federal court to order them to comply with the U.S. Constitution.”