“This is an appeal of the FBI’s production of Code of Federal Regulations documents in response to a [Freedom of Information Act] FOIA requesting the following records,” a July 29 letter from attorney Stephen Stamboulieh to the Director, Office of Information Policy (OIP), United States Department of Justice, advised. “Instead of providing the requested records, the FBI produced two [Code of Federal Regulations] CFR code sections… Clearly, this is not completely responsive to the FOIA.”

The records in question were identified in a March AmmoLand posting following up on reports that the Federal Bureau of Investigation was using the National Instant Background Check System (NICS) to process New York ammunition background checks. Neither the FBI’s own “Firearms Checks” page, the DOJ’s NICS rules or the “Fix NICS” Act mention ammunition, raising fundamental questions of which law authorizes the FBI to perform background checks for ammunition purchases and if NICS can be used for purposes for which it is not federally authorized.

As such, the FOIA request was for:

1. All communication regarding New York’s usage of NICS for ammunition background checks, including all correspondence between FBI and New York for utilization of NICS for ammunition background checks;
2. All records, including memoranda of understanding, user agreements or contracts for New York to be allowed access to the NICS system;
3. All records regarding consequences for a state misusing the NICS system for non-approved uses, including communication/correspondence to that state warning about non-approved uses of the NICS system and resolution of any issue FBI raised with the state;
4. All records regarding any authority for the FBI to conduct ammunition background checks;
5. All records that discuss or describe permissible usage of the NICS system; and
6. All records, including communication/correspondence from other states and the FBI limited to ammunition background checks and the NICS system.

It’s clear what was being asked for. That all that was produced was copies of non-responsive CFR sections makes it fair to surmise such information will not be voluntarily provided because it cannot be provided.

At this point, the appeal is a formality that can take months to get an answer to, with no guarantee that the answers will be compliant with what is required by law. That response will determine the next move.

And yes, of course, it’s frustrating, and of course, the government can play the stonewalling game for years, and with seeming impunity.  We do and expose what we can.

About David Codrea:

David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.