Case 1:19-cv-01260-RCL Document 1 Filed 05/01/19 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
HAWAII FIREARMS COALITION
3018 Hinano Street
Honolulu, HI 96815

)
)
)
COMPLAINT
)
(Freedom of Information
)
Act, 5 U.S.C. §552)
Plaintiff,
)
)CIVIL ACTION NO._______
v.
)
)
FEDERAL BUREAU OF INVESTIGATION)
J. Edgar Hoover Building
)
935 Pennsylvania Avenue, N.W.
)
Washington, D.C. 20535
)
)
Defendant.
)
____________________________________)
Comes now the Plaintiff, Hawaii Firearms Coalition (“HIFICO”), by and
through undersigned counsel, and allege as follows:
1.

This is an action under the Freedom of Information Act, 5 U.S.C. §

552, for injunctive and other appropriate relief and seeking the disclosure and
release of agency records improperly withheld from Plaintiff by Defendant
Federal Bureau of Investigation (“FBI”).
JURISDICTION AND VENUE
2.

This Court has jurisdiction over this matter pursuant to 28 U.S.C.

§1331 and 5 U.S.C. §552(a)(4)(B).
3.

Venue lies in this district under 28 U.S.C. §1391(e).

 Case 1:19-cv-01260-RCL Document 1 Filed 05/01/19 Page 2 of 5

PARTIES
4. Plaintiff Hawaii Firearms Coalition is a 501(c)(4) organization
founded to protect and unify Hawaii’s firearms owners and those that believe
in the constitutionally protected right to keep and bear arms.
5. Defendant FBI is a component of the Department of Justice and an
agency within the meaning of 5 U.S.C. § 552(f).

Defendant FBI has

possession, custody and control of records to which Plaintiff seeks access.
STATEMENT OF FACTS
6. On April 2, 2019 Plaintiff transmitted a Freedom of Information Act
(“FOIA”) request to Defendant FBI. The FOIA was submitted via the FBI’s
eFOIPA Portal. A true and correct copy of the FOIA is attached as Exhibit
“A.”
7. The FOIA sought the following information:
a. Any and all records, including but not limited to documents, any
communications,

electronic mail, letters, official requests, and

correspondence from the FBI (or any sub-agency) to the State of Hawaii
and/or any representative of the State of Hawaii, regarding and/or
relating to Rap Back for firearm owners, possessors, and registration of
firearm owners in the Rap Back system in the State of Hawaii; and

2

 Case 1:19-cv-01260-RCL Document 1 Filed 05/01/19 Page 3 of 5

b. Any and all records documenting all payments from the State of Hawaii
to the FBI related to firearm owner registration with Rap Back;
c. Any and all records or documents regarding the FBI’s participation in
the State of Hawaii’s implementation of Rap Back related to firearm
owners, purchasers or registrants in the State of Hawaii; and
d. Any and all documents regarding any policies that the FBI (or any subagency) possesses with regards to Hawaii’s use of Rap Back for
firearms owners.
8. The FBI failed to respond to the FOIA as required by law in the
timeframe required, and as such, Plaintiff is deemed to have exhausted its
administrative remedies.
9. Plaintiff additionally requested a fee waiver as the materials requested
“are greatly in the public interest and because the requested records will be
distributed free of charge on the internet and will increase the public’s
awareness of the State of Hawaii’s implementation of Rap Back for firearms
owners.”
10.The FBI has not responded, and thus, a fee waiver should be granted to
HIFICO.
COUNT I
(Violation of FOIA - 5 U.S.C. §552 Against FBI)
11. Plaintiff realleges the previous paragraphs as if fully stated herein.
3

 Case 1:19-cv-01260-RCL Document 1 Filed 05/01/19 Page 4 of 5

12. Defendant FBI is unlawfully withholding records requested by
Plaintiff pursuant to 5 U.S.C. §552.
13.

Plaintiff is being irreparably harmed by reason of Defendant’s

unlawful withholding of records responsive to Plaintiff’s FOIA request, and
Plaintiff will continue to be irreparably harmed unless Defendant FBI is
compelled to conform their conduct to the requirements of the law.
WHEREFORE, Plaintiff respectfully requests that the Court:
(1) Order Defendant to conduct a search for any and all responsive records
to Plaintiff’s FOIA request and demonstrate that it employed search methods
reasonably likely to lead to the discovery of records responsive to Plaintiff’s
FOIA request;
(2) Order Defendant to produce, by a date certain, any and all non-exempt
records to Plaintiff’s FOIA request, and a Vaughn index of any responsive
records withheld under claim of exemption;
(3) Enjoin Defendant from continuing to withhold any and all non-exempt
records responsive to Plaintiff’s FOIA request;
(4) Grant Plaintiff an award of attorneys’ fees and other litigation costs
reasonably incurred in this action pursuant to 5 U.S.C. §552(a)(4)(E); and
(5) Grant Plaintiff such other relief as the Court deems just and proper.

4

 Case 1:19-cv-01260-RCL Document 1 Filed 05/01/19 Page 5 of 5

Dated: May 1, 2019.
Respectfully Submitted,
Hawaii Firearms Coalition
/s/ Stephen D. Stamboulieh
Stephen D. Stamboulieh
Stamboulieh Law, PLLC
P.O. Box 4008
Madison, MS 39130
(601) 852-3440
stephen@sdslaw.us
DC District Court Bar# MS0009
Counsel for Plaintiff

5

 Case 1:19-cv-01260-RCL Document 1-1 Filed 05/01/19 Page 1 of 2

Stamboulieh Law, PLLC
P.O. Box 4008, Madison, MS 39130   (601) 852-3440   stephen@sdslaw.us

April 2, 2019

FBI
ATTN: FOIPA Request
Record/Information Dissemination Section
170 Marcel Drive
Winchester, Virginia 22602-4842

Via eFOIPA Portal

RE: Freedom of Information Act Request
Dear FOIA Officer:
This is a request under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. I
represent Hawaii Firearms Coalition (HIFICO), a 501(c)(4), in this request. Pursuant to Hawaii
Revised Statute § 846-2.7, Hawaii has mandated inclusion of Hawaii’s firearms purchasers,
registrants and owners to be included the in the FBI’s Rap Back database.1
Because the information sought is believed to be with your agency, HIFICO hereby
requests the following information:
•
Any and all records, including but not limited to documents, any communications,
electronic mail, letters, official requests, and correspondence from the FBI (or any sub-agency) to
the State of Hawaii and/or any representative of the State of Hawaii, regarding and/or relating to
Rap Back for firearm owners, possessors, and registration of firearm owners in the Rap Back
system in the State of Hawaii;
•
Any and all records documenting all payments from the State of Hawaii to the FBI
related to firearm owner registration with Rap Back;
•
Any and all records or documents regarding the FBI’s participation in the State of
Hawaii’s implementation of Rap Back related to firearm owners, purchasers or registrants in the
State of Hawaii; and

1

See Haw. Rev. Stat. Ann. § 846-2.7 (43) The county police departments on applicants for permits
to acquire firearms pursuant to section 134-2 and on individuals registering their firearms pursuant
to section 134-3.

Exhibit "A"

 Case 1:19-cv-01260-RCL Document 1-1 Filed 05/01/19 Page 2 of 2
ATTN: FOIPA Request
Record/Information Dissemination Section
170 Marcel Drive
Winchester, Virginia 22602-4842
April 2, 2019
•
Any and all documents regarding any policies that the FBI (or any sub-agency)
possesses with regards to Hawaii’s use of Rap Back for firearms owners.
HIFICO is willing to pay up to $200 for the processing of this request. HIFICO also
requests a fee waiver as these materials are greatly in the public interest and because the requested
records will be distributed free of charge on the internet and will increase the public’s awareness
on the State of Hawaii’s implementation of Rap Back for firearms owners. Additionally, this
FOIA is part of HIFICO’s investigation into the State of Hawaii’s implementation of the Rap Back
inclusion for firearm owners and is of the utmost importance to verify that the State of Hawaii is
not charging firearm owners for inclusion in this Rap Back system if the State of Hawaii and the
FBI have not actually implemented this system.
Pursuant to FOIA, HIFICO anticipates your response within 20 (twenty) business days.
Should you require additional information, I can be contacted at 601-852-3440 or via email at
stephen@sdslaw.us.
Best regards,

cc: Hawaii Firearms Coalition

 Case 1:19-cv-01260-RCL Document 1-2 Filed 05/01/19 Page 1 of 2
CIVIL COVER SHEET
JS-44 (Rev. 6/17 DC)

I. (a) PLAINTIFFS

DEFENDANTS

HAWAII FIREARMS COALITION

FEDERAL BUREAU OF INVESTIGATION

88888

COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT _____________________
(IN U.S. PLAINTIFF CASES ONLY)

(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF _____________________
(EXCEPT IN U.S. PLAINTIFF CASES)
(c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED

ATTORNEYS (IF KNOWN)

STAMBOULIEH LAW, PLLC
P.O. BOX 4008
MADISON, MS 39130
601-852-3440
II. BASIS OF JURISDICTION

o
o

(PLACE AN x IN ONE BOX ONLY)

1 U.S. Government
Plaintiff
2 U.S. Government
Defendant

o
o

3 Federal Question
(U.S. Government Not a Party)
4 Diversity
(Indicate Citizenship of
Parties in item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (PLACE AN x IN ONE BOX FOR
PLAINTIFF AND ONE BOX FOR DEFENDANT) FOR DIVERSITY CASES ONLY!
PTF
DFT
PTF
Citizen of this State
Citizen of Another State
Citizen or Subject of a
Foreign Country

o1 o1
o2 o2
o3 o3

Incorporated or Principal Place
of Business in This State
Incorporated and Principal Place
of Business in Another State
Foreign Nation

DFT

o4 o4
o5 o5
o6 o6

IV. CASE ASSIGNMENT AND NATURE OF SUIT
(Place an X in one category, A-N, that best represents your Cause of Action and one in a corresponding Nature of Suit)

o

A. Antitrust
410 Antitrust

o

o

o

B. Personal Injury/
Malpractice
310 Airplane
315 Airplane Product Liability
320 Assault, Libel & Slander
330 Federal Employers Liability
340 Marine
345 Marine Product Liability
350 Motor Vehicle
355 Motor Vehicle Product Liability
360 Other Personal Injury
362 Medical Malpractice
365 Product Liability
367 Health Care/Pharmaceutical
Personal Injury Product Liability
368 Asbestos Product Liability

E. General Civil (Other)

Real Property
210 Land Condemnation
220 Foreclosure
230 Rent, Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
Personal Property
370 Other Fraud
371 Truth in Lending
380 Other Personal Property
Damage
385 Property Damage
Product Liability

C. Administrative Agency
Review
151 Medicare Act

Social Security
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
Other Statutes
891 Agricultural Acts
893 Environmental Matters
890 Other Statutory Actions (If
Administrative Agency is
Involved)

OR
Bankruptcy
422 Appeal 27 USC 158
423 Withdrawal 28 USC 157
Prisoner Petitions
535 Death Penalty
540 Mandamus & Other
550 Civil Rights
555 Prison Conditions
560 Civil Detainee – Conditions
of Confinement
Property Rights
820 Copyrights
830 Patent
835 Patent – Abbreviated New
Drug Application
840 Trademark

o

o

D. Temporary Restraining
Order/Preliminary
Injunction

Any nature of suit from any category
may be selected for this category of
case assignment.
*(If Antitrust, then A governs)*

F. Pro Se General Civil
Federal Tax Suits
870 Taxes (US plaintiff or
defendant)
871 IRS-Third Party 26 USC
7609
Forfeiture/Penalty
625 Drug Related Seizure of
Property 21 USC 881
690 Other
Other Statutes
375 False Claims Act
376 Qui Tam (31 USC
3729(a))
400 State Reapportionment
430 Banks & Banking
450 Commerce/ICC
Rates/etc.
460 Deportation

462 Naturalization
Application
465 Other Immigration
Actions
470 Racketeer Influenced
& Corrupt Organization
480 Consumer Credit
490 Cable/Satellite TV
850 Securities/Commodities/
Exchange
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of State
Statutes
890 Other Statutory Actions
(if not administrative agency
review or Privacy Act)

 Case 1:19-cv-01260-RCL Document 1-2 Filed 05/01/19 Page 2 of 2

o

G. Habeas Corpus/
2255

o

K. Labor/ERISA
(non-employment)
710 Fair Labor Standards Act
720 Labor/Mgmt. Relations
740 Labor Railway Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Empl. Ret. Inc. Security Act

*(If pro se, select this deck)*

*(If pro se, select this deck)*

o

o

L. Other Civil Rights
(non-employment)
441 Voting (if not Voting Rights
Act)
443 Housing/Accommodations
440 Other Civil Rights
445 Americans w/Disabilities –
Employment
446 Americans w/Disabilities –
Other
448 Education

V. ORIGIN

o 1 Original o 2 Removed o 3 Remanded
Proceeding

from State
Court

from Appellate
Court

o

I. FOIA/Privacy Act
895 Freedom of Information Act
890 Other Statutory Actions
(if Privacy Act)

442 Civil Rights – Employment
(criteria: race, gender/sex,
national origin,
discrimination, disability, age,
religion, retaliation)

530 Habeas Corpus – General
510 Motion/Vacate Sentence
463 Habeas Corpus – Alien
Detainee

o

o

H. Employment
Discrimination

152 Recovery of Defaulted
Student Loan
(excluding veterans)

o

M. Contract
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of
Judgment
153 Recovery of Overpayment
of Veteran’s Benefits
160 Stockholder’s Suits
190 Other Contracts
195 Contract Product Liability
196 Franchise

J. Student Loan

N. Three-Judge
Court
441 Civil Rights – Voting
(if Voting Rights Act)

o 4 Reinstated o 5 Transferred o 6 Multi-district o 7 Appeal to
or Reopened

from another
district (specify)

Litigation

District Judge
from Mag.
Judge

o 8 Multi-district
Litigation –
Direct File

VI. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE.)

5 USC 552, FOIA TO FBI REGARDING HAWAII'S RAPBACK
Check YES only if demanded in complaint

VII. REQUESTED IN
COMPLAINT

CHECK IF THIS IS A CLASS
ACTION UNDER F.R.C.P. 23

DEMAND $
JURY DEMAND:

YES

VIII. RELATED CASE(S)
IF ANY

(See instruction)

YES

If yes, please complete related case form

5.1.2019
DATE: _________________________

NO

NO

/S/ STEPHEN D. STAMBOULIEH
SIGNATURE OF ATTORNEY OF RECORD _________________________________________________________
INSTRUCTIONS FOR COMPLETING CIVIL COVER SHEET JS-44
Authority for Civil Cover Sheet

The JS-44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and services of pleadings or other papers as required
by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the
Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed.
Listed below are tips for completing the civil cover sheet. These tips coincide with the Roman Numerals on the cover sheet.
I.

COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF/DEFENDANT (b) County of residence: Use 11001 to indicate plaintiff if resident
of Washington, DC, 88888 if plaintiff is resident of United States but not Washington, DC, and 99999 if plaintiff is outside the United States.

III.

CITIZENSHIP OF PRINCIPAL PARTIES: This section is completed only if diversity of citizenship was selected as the Basis of Jurisdiction
under Section II.

IV.

CASE ASSIGNMENT AND NATURE OF SUIT: The assignment of a judge to your case will depend on the category you select that best
represents the primary cause of action found in your complaint. You may select only one category. You must also select one corresponding
nature of suit found under the category of the case.

VI.

CAUSE OF ACTION: Cite the U.S. Civil Statute under which you are filing and write a brief statement of the primary cause.

VIII.

RELATED CASE(S), IF ANY: If you indicated that there is a related case, you must complete a related case form, which may be obtained from
the Clerk’s Office.

Because of the need for accurate and complete information, you should ensure the accuracy of the information provided prior to signing the form.

 Case 1:19-cv-01260-RCL Document 1-3 Filed 05/01/19 Page 1 of 1
CO-386
10/

United States District Court
For the District of Columbia
HAWAII FIREARMS COALITION

vs

Plaintiff

FEDERAL BUREAU OF
INVESTIGATION
Defendant

)
)
)
)
)
)
)
)
)
)

Civil Action No._______________________

CERTIFICATE RULE LCvR

.1

HAWAII FIREARMS COALITION
I, the undersigned, counsel of record for ____________________________________
certify that to the best of my knowledge and
HAWAII FIREARMS COALTION
belief, the following are parent companies, subsidiaries or affiliates of _______________________________________
which have
any outstanding securities in the hands of the public:

NONE.

These representations are made in order that judges of this court may determine the need for recusal.

Attorney of Record
_______________________________________
Signature

MS0009
________________________________________
BAR IDENTIFICATION NO.

STEPHEN D. STAMBOUILEH
_______________________________________
Print Name
P.O. BOX 4008
_______________________________________
Address
MADISON
MS
39046
_______________________________________
City
State
Zip Code
601-852-3440
_______________________________________
Phone Number

 Case 1:19-cv-01260-RCL Document 1-4 Filed 05/01/19 Page 1 of 2

HAWAII FIREARMS COALITION

FEDERAL BUREAU OF INVESTIGATION

US ATTORNEY FOR THE DISTRICT OF COLUMBIA
ATTN: CIVIL PROCESS CLERK
555 4th Street, NW
WASHINGTON, DC 20530

STEPHEN D. STAMBOULIEH
STAMBOULIEH LAW, PLLC
P.O. BOX 4008
MADISON, MS 39130
601-852-3440
STEPHEN@SDSLAW.US

 Case 1:19-cv-01260-RCL Document 1-4 Filed 05/01/19 Page 2 of 2

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
(name of individual and title, if any)
(date)
(place)
(date)
(name)

(date)
(name of individual)
(name of organization)
(date)

(specify):

0.00

Server’s signature

Printed name and title

Server’s address

 Case 1:19-cv-01260-RCL Document 1-5 Filed 05/01/19 Page 1 of 2

HAWAII FIREARMS COALITION

FEDERAL BUREAU OF INVESTIGATION

FEDERAL BUREAU OF INVESTIGATION
J. EDGAR HOOVER BUILDING
925 PENNSYLVANIA AVE, NW
WASHINGTON, DC 20535

STEPHEN D. STAMBOULIEH
STAMBOULIEH LAW, PLLC
P.O. BOX 4008
MADISON, MS 39130
601-852-3440
STEPHEN@SDSLAW.US

 Case 1:19-cv-01260-RCL Document 1-5 Filed 05/01/19 Page 2 of 2

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
(name of individual and title, if any)
(date)
(place)
(date)
(name)

(date)
(name of individual)
(name of organization)
(date)

(specify):

0.00

Server’s signature

Printed name and title

Server’s address

 Case 1:19-cv-01260-RCL Document 1-6 Filed 05/01/19 Page 1 of 2

HAWAII FIREARMS COALITION

FEDERAL BUREAU OF INVESTIGATION

US ATTORNEY GENERAL
950 PENNSYLVANIA AVE, NW
WASHINGTON, DC 20530

STEPHEN D. STAMBOULIEH
STAMBOULIEH LAW, PLLC
P.O. BOX 4008
MADISON, MS 39130
601-852-3440
STEPHEN@SDSLAW.US

 Case 1:19-cv-01260-RCL Document 1-6 Filed 05/01/19 Page 2 of 2

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
(name of individual and title, if any)
(date)
(place)
(date)
(name)

(date)
(name of individual)
(name of organization)
(date)

(specify):

0.00

Server’s signature

Printed name and title

Server’s address