Summary
Transcript
Hey, everybody. Here we are at shot show in the gun owners of America booth. And I’m here with my friend, the attorney. Assassin. It’s his new nickname starting today. Steven Stambullia. How you doing, budy? Hey, bro. How’s it going? Good, good. You all might remember a year ago, right here in this booth. Actually, it was over there a little bit, but he uncovered some information that shredded the ATF, and we’re here to do that again today.
I know you all love that, so why don’t you tell the folks what you haven’t covered based off of your lawsuit? Yeah. Wow. So this one goes back, like, five years. Back in 2018, we filed a lawsuit called Umbert v. United States of America over nix appeals and NFA appeals. And for the people that aren’t really in on National Firearms act regulated items, you have to go through a massive amount of paperwork, photographs, fingerprints.
You got to notify your chief law enforcement officer, and then you send all that information to the ATF where it just languishes. Well, the ATF at that point was sending the background checks to the FBI to do a background check and make a determination through Nick. That sounds fine. Right? When those background checks were coming back, denied, the ATF would say, oh, well, this is denied. The FBI denied you, and then they would send those people back to the ATF for resolution.
Well, the FBI is like, whoa, we’re not doing these background checks. We don’t have to do background checks for NFA. Right. And by the way, ATF, we’re not even going to do background checks for you, period. We’re not even going to make the determinations. Yeah, I remember that was 2017, 2018. And so it was just crazy. And so, through litigation, we discovered all of these letters going back and forth through ATF and FBI.
The ATF saying, FBI, you have to do these determinations. You have to do the background check. The FBI came back and said, no, that violates all of this other federal law, and we can’t do it. Which is kind of funny, right? But they’re throwing each other under the bus. Call it like a lover’s quarrel. Yeah, right. Fast forward a little bit. The ATF and FBI could never work a system out until my case got mooted out, because, lo and behold, they gave all of my plaintiffs their relief.
So they said, oh, you know that guy that had a 1975 conviction for riding on a public bathroom wall in Yosemite National park? He’s not prohibited. They actually thought that writing on a public bathroom wall in a national park would make you a prohibited person. Well, it’s very dangerous. It’s super dangerous. I mean, a deer could lick that ink, right? It could die. Yes. And then I had another guy who was a white doctor from Oklahoma, common name, same birthday, apparently, as a black guy from New Jersey that had a domestic order of protection put out against him.
And it’s like the FBI or the ATF couldn’t figure out that this was not the same guy. So I had to submit his passport, his birth certificate, his driver’s license. This is all in litigation, too. This isn’t like I’m making a phone call trying to help somebody fix their record. So we got him squared away, still litigating the case. And so I’ve got three plaintiffs left. The one with the riding on the bathroom bulk is violent criminal, right? Oh, yeah.
He actually got into a fight with his best friend when he was 18. And the FBI said, we don’t have records for this, and we don’t know if this isn’t a domestic violence. Now, I know I said a lot of negatives right there, so if you could follow along. But that’s how they explain it. We don’t know if this isn’t domestic violence. So I had to have him file an affidavit and his wife file an affidavit saying it was his friend.
They weren’t dating, they weren’t married, they didn’t cohabitate, they didn’t have children together. And I went through all of the DV statute, domestic violence statute criteria, and then the FBI is like, oh, he’s not prohibited. $150,000. 05 years of litigation. Gave all my plaintiffs their relief a couple of days ago, right before shot. Shot, they came out. The FBI and ATF magically have entered into a memorandum of understanding.
We’re shocking. This is going to shock you. They will now process NFA appeal. So if you are denied a suppressor, it’s going to go through the process. The same process that you would go through on a title one firearm, like if you were denied a shotgun or a rifle. I attended the FBI town hall yesterday, which is so much fun, and they said that the process will mirror the title one, which is the regular firearm criteria.
So what that looks like now for NFA specific, I don’t know, because it’s very new, and I don’t have any information of someone actually having gone through this process. It should not have taken five years. It should not have taken attorneys litigating. Just litigating their hearts out. Absolutely. And providing affidavits from your wife and yourself about how you weren’t dating another man. And this was 1975. 76. This isn’t, like, normal now.
Right, right. And to tell them that this wasn’t a domestic violence. Boys get in, fight. It just happens. Typically, yeah. Riding on a public bathroom wall. I don’t care in what country, city, county, tribal area. You are not a dispossessing crime. It’s not a prohibiting crime. It’s not a crime of violence. No Supreme Court justice would say, we can prohibit you based on you riding on a public bathroom.
Right. The founders certainly would not have said that. No. They probably wrote on the bathroom. They probably did. The Marines at Tun Tavern probably wrote at the bathroom wall what they wrote. We’ll leave it out. So, do you know about ish? How many denials there are a year for NFA? Yeah. Specifically, I don’t know that they didn’t provide any numbers. Okay. I did find something interesting yesterday. They released a bunch of new metrics on the FBI disqualifiers.
Under Nix, there are 7 million disqualifiers. 7 million. Just for mental health. This is new. Wow, 7 million. So these are people that likely don’t know that they’re disqualified. I mean, some of them obviously do. Like, if they have an involuntary commitment, that’s a lifetime. Pretty much. Lifetime. The one that was interesting to me is 14 million illegal alien entries. 14 million entries of illegal aliens in nicks.
That boggles my mind, and it raises a lot of questions to me. It’s like, well, number one, if people are just coming across the border, how do they even know to enter these people into Nix? Right? So are these people people that ISIS identified and entered into Nix as illegals? Are these people that have tried to purchase the gun and then subsequently been denied, and then a Nyx entry be created? Well, what’s happening with those people? So now I have a thousand more questions about what the hell is going on.
Kind of flies in their fixed Nix program, doesn’t it? Well, it does fix nicks. I mean, nicks is a disaster. I mean, I’ll tell everybody that. They say that I want to get the statistic right. I tweeted it out yesterday, but it’s 71% to 72% are instant. Well, I guess 29% to 28% are not instant. Right. They don’t get instant returns on whatever their disposition is for their firearms.
That’s a lot of people. That’s a lot of people. I mean, 29% of a million people is a substantial number of people. Right. To have their rights delayed. Exactly. Or denied. And a right delayed is a right denied right. Isn’t that what we say? And yet the FBI is like, we’re doing a good job, we’re doing a great job, and we’re going to keep up the good work.
And I’m just sitting there shaking my head. It’s like you’re not. Unfortunately, it came about kind of rough. It took five years of a lawsuit that you worked hard on. But I guess if you’re out there and you have been denied for an NFA purchase, you now have at least some due process worked in what it looks like we’re not sure of yet. Right. But you do have maybe an appeal process.
They say it mirrors the regular appeals process. So typically in the regular appeals process, if you go buy a gun, the dealer there, they call it in and you get a deny, you get an NTN number, a Nick’s transaction number, and then you get a little pamphlet that says, here’s how you appeal, or whatever. And so then you work through the steps on your appeal. It could be getting your identity history from the FBI.
It could be submitting additional court documents to CJIS if you have, like, let’s say you were under an order of protection at one point and you’re not anymore, and that doesn’t happen to be disqualifying. So the sky’s the limit as to what they’re going to want from you to fix this stuff. And sometimes it doesn’t work and you have to sue them for a right. A right that’s guaranteed to us.
Yeah. By our creator. And the thing that really just really grates on me, I talk about attorney fees, and it’s not like I’m out there just chasing money all the time. But attorneys work for money. Right? So 925 a, which is the statute that we sue under to force the FBI in the United States, because that’s who you sue to correct the records, has a provision for attorney seats if you prevail.
Well, I prevailed in my lawsuit. Right. Because I got the relief. But you don’t. Because unless the court affirmatively gives you relief, like the court says. Yeah, you denied Mr. Lacobs, who’s a gray guy. This is the guy that wrote on the bathroom wall. You denied his rights and we’re going to do something about it. The court doesn’t issue any attorney’s fees. It’s $150,000. It’s not small change.
Right. And five years of litigation, five years of your life is just gone in a case. But now, the nice thing about it is we’ve opened up this opportunity for everybody that has an NFA denial to be able to appeal. And I think that is huge. That’s what we wanted from the beginning. And they could have given that in 2017. 2018. Yeah. When they were fighting, saying they couldn’t do it.
It’s like what changed in five years except the case being mooted. Yeah, well, thank you for doing it because they wouldn’t have done it if you didn’t sue, man. You know that. We all know that. No way. We all know that, dude. Thank you again for stepping up for gun owners across the country. And you all don’t see him because he operates in the darkness, but he is crushing it.
He’s killing it for us. When things go wrong, no matter what state you’re in, the people who take up that fight, you’re looking at one of them right here. So, on behalf of all of my viewers, brother, thank you for doing what you do. I know it’s a thankless job, dude, but thank you very much. I appreciate you, too. Thank you so much, y’all. Thanks for stopping by with this little shot show chat.
I will see you all on my normal, regular schedule once I get back to Tennessee. But until we see each other again, be safe. Stay vigilant. Carry a gun to keep you, your friends, your family, your community, safe. Join gun owners of America. Support them. Links down below. Skip a pizza. Send them $20. It helps. Take care. .