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Section Four

Updates on FBI NICS Checks and Appeals

This presentation will include discussions on:

  • Disqualifications from purchasing a firearm
  • Updates on how FBI NICS Checks are conducted
  • Implementation of the 2018 Fix NICS law
  • Appeals


Derek DeBrosse 
Partner, Cheshire DeBrosse, P.C./Munitions Law Group

 

A Primer: Gun Rights and the Veterans Administration

Under VA regulations, certain veterans who receive benefits from the VA undergo a competency determination to determine if they are financially competent to administer their own VA benefits. If the VA determines a veteran is financially incompetent, the VA assigns a fiduciary to administer the veteran's VA benefits. Concurrently, the VA reports the veteran to the NICS list—without an individualized public safety determination—resulting in the deprivation of the veteran's Second Amendment rights. This presentation outlines the legal landscape surrounding this issue and provides practitioners guidelines for reversing these determinations and restoring veterans’ Second Amendment rights.

Eliot Peace
Associate, Bradley Arant Boult Cummings LLP