Nics Checks. Time for a lawsuit?

[410guy 5]

Could the NRA file a lawsuit against the state on our behalf? I know they seem to have given up on us here in NJ, but WTF?? The state needs to be taken to federal court, and up to the Supreme Court if necessary (while they still have a conservative majority). We should argue that they are circumventing federal law by creating so much obstacles and roadblocks to exercise 2nd amendment rights. The whole FID system is unconstitutional, plus then you factor in the abuses like the 30 day rule being ignored, and then the NICS delays. I think there would be a strong case against the state in federal court.

[neon333 0]

Could the NRA file a lawsuit against the state on our behalf? I know they seem to have given up on us here in NJ, but WTF?? The state needs to be taken to federal court, and up to the Supreme Court if necessary (while they still have a conservative majority). We should argue that they are circumventing federal law by creating so much obstacles and roadblocks to exercise 2nd amendment rights. The whole FID system is unconstitutional, plus then you factor in the abuses like the 30 day rule being ignored, and then the NICS delays. I think there would be a strong case against the state in federal court.

1. You have to go through the state courts first.

2. Then if no relief, the lower federal courts.

3. Finally, and in almost every court you, must establish standing. Bureaucratic BS (understaffed, etc.) does not constitute standing for a case to be heard. One must show potential harm by the law to establish standing for a case to heard.. IMHO, we're SOOL.

 

I'm not a lawyer sooooo I could be wrong but that is my understanding.

[jauslong 0]

1. You have to go through the state courts first.

2. Then if no relief, the lower federal courts.

3. Finally, and in almost every court you, must establish standing. Bureaucratic BS (understaffed, etc.) does not constitute standing for a case to be heard. One must show potential harm by the law to establish standing for a case to heard.. IMHO, we're SOOL.

 

I'm not a lawyer sooooo I could be wrong but that is my understanding.

 

Generally, if your claim is federal in nature, you can just go to the federal district court.  Although there are exceptions to that. For a federal claim, you have to allege that there is a violation of federal law or constitution.  If you are alleging violation of a state law (like the 30 day rule) or something like that, it would likely be a state claim.

 

Everyone who is waiting for a NICS check has standing.  When your NICS comes back, you may technically no longer have standing, but you may be granted the right to proceed with the case because it is likely to come up again.  See Roe v. Wade.

 

Generally, it doesn't have to be a class action.  Although there are advantages to doing it that way.  If you win one case that says everyone has to do it this way, then that is the law and you agencies will often adjust accordingly.  Or you can then start your own case and cite the helpful caselaw from the previous case. 

 

You'd have to do the research and see whether the NJ federal judiciary is going to be any more helpful than the state courts.  A lot of times it comes down to which judge you get in borderline cases like this.

 

This is not legal advice. 

[fslater 62]

I wish it was just a name but someone has to also put $$$$ in --  The question is what would we actually get in return?

 

Has anyone actually had a monetary loss due to the NICS being delayed --  How do we put a value on a pistol permit -- I'm sure I'm not the only one who has had a permit expire because NICS took too long --  I'm afraid that we would only get rewarded the $2 fee for each expired pistol permit 

 

I'm in the class action suit if started but money spent on legal fees will most likely not come back and you know it will cost...

The NJ2AS won't sponsor it?    If it does come up anywhere email me, I'm in.  A monetary gain is not the objective. Not waiting 3 or 4 weeks for a prossess that takes 15 miniutes is. When a transfer has to be denied because a permit expired while waiting for a NICS sounds like even more than infringement to me...... More like blainant denial. A pemit to puchase a hand gun 30 day time frame has a presidece from a Camden case that is used to justify it. How can a 3 week NICS possibly be justified by any means, when every other state does it in 30 mins max, and it means expired permit/4 more months to get a new one? But i guess thats a stupid question ......... This is New Jersey

[Golf battery 1,223]

Is it really that bad to take a reasonable amount of time for a nics check to come back. A couple of days so that they dont overlook something. You can only imagine the people that are performing this task. Yes this waiting period is too much. About 13 years ago it took 6 months for my fid card to come back with a change of address in the same twsp. Hopewell. There was no reason for that and i was only getting an air pistol. So this is nothing new due to our current political or anti terrorist world that now exists.

T