William Robinson, et al. v. Jefferson B. Sessions, III, Attorney General, et al.

An individual is not permitted to ship, possess, or receive a firearm if that person has been disqualified as a matter of federal law. 18 U.S.C. §922(g). A federallylicensed dealer is prohibited from transferring a firearm to a non-licensed individual prior to the successful completion of a NICS background check. 18 U.S.C. §922(t); 27 CFR §478.102(a); 27 CFR §478.124(a). The NICS background check is facilitated through the customer and FFL completion of the ATF Form 4473, including confidential, personal information and identifying firearms information. 18 U.S.C. §922(t)(1)(A) and (C); 27 CFR §102(a)(3); 27 CFR §478.124(a) and (c). The sale of the firearm can only be denied if a matching record is located that establishes that the customer has suffered a disqualifying event. 18 U.S.C. §922(g); 18 U.S.C. §922(t)(1)-(2); 27 CFR §478.102(a); 27 CFR §478.124(a) and (c); 28 CFR §25.1; 28 CFR §25.2; 28 CFR §25.6(c)(1). In order to determine whether an individual purchase should be denied, the FBI performs a records check through such records as may match a statutory disqualification. 28 CFR §25.3; 28 CFR §25.6(c)(1). More than 222 million firearms background checks have been run by the FBI since October 1998, the inception of the National Instant Background Check System (“NICS”). The question presented is: Whether the Petitioners have standing to assert that the statutory disqualifications for the purchase of a firearm found at 18 U.S.C. §922(g)(1)-(9) serve as the limitation for the databases and records that may be searched by the Respondents during a NICS background check?