Project Veritas Founder James O’Keefe was denied the ability to purchase a gun when he went into a gun shop (actually several shops) to purchase a shotgun in upstate New York- he was placed in NICS as a convicted felon, (although felons aren’t the only things placed in the NICS system). So Mr. O’Keefe has launched a lawsuit against the FBI.
“The lawsuit is being filed in the Southern District Court of New York seeking an order requiring the FBI to remove him from this list as required by law under 18 U.S.C. § 925A…Notably, the FBI has not disclosed what information it is relying on to place him on its watch list.” Jered Ede Esq., who is representing O’Keefe.
When he was denied, he went to other gun stores to see if it still happened. It did.
BREAKING: I have been DENIED my Constitutional right to bear arms. The @FBI has erroneously put me on the NICS Background Check System as a convicted felon.
“Are you James O’Keefe?”
— James O'Keefe (@JamesOKeefeIII) August 6, 2020
O’Keefe has initiated a lawsuit against the FBI.
According to Law and Crime, out of 447 NICS denials, only one of them turned out to be inaccurate. They did state that,“From 2012 to 2016, the last five years for which data is available, approximately 44 million transactions were processed through the NICS and the FBI reversed 18,466 denials.”
But in the case of James O’Keefe, the problem likely came when he and three others were arrested for entering the office of former Senator Mary Landrieu in 2010 under false pretenses. O’Keefe plead guilty to two misdemeanors, but his record apparently still reflects the arrest as a felony. He was sentenced to three years probation, 100 hours of community service and a $1,500 fine. Very likely the FBI failed to properly enter the disposition to be able to remove it from the computer. Or they didn’t actually receive the disposition, which happens more than you might realize. Or…they simply don’t like James O’Keefe. Which is also quite likely.
Felony/Serious Misdemeanor Convictions are just a few of the things that are placed in NICS. They also take mental health records, drug offenses, domestic violence records, and various other issues, according to ncjrs.gov. In this case, it could be political, since he is dealing with the FBI.
The right to keep and bear arms is a natural right that is supposed to be protected by the Constitution. We should have known this kind of thing would happen when NICS was first implemented. From political issues to honest mistakes, these kind of problems are expected with the FBI, especially with regard to criminal records. Though there is an appeal process, getting actual reversal of a denial is reportedly tedious.
- California Judge Benitez Smacks Down Law Requiring Background Checks on Ammo
- AG Barr on Background Checks – Just Say No!
- Democrats Say No to Alerting ICE When Illegals Fail Background Checks…
- No background checks: Criminals don’t buy guns, they steal them
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