imported post
Citizen wrote:
I think he'd stand a better chance if he can show he petitioned for restoration of his rights, especially if hehas an actual denial--he can show thegov't was wrong in their denial.
Unfortunately, it's impossible to even get a denial out of the BATF. The Congressional restriction on the BATF's annual appropriations prohibits them from using any of their funding to even investigate or act in any way on petitions for relief from disabilities. The best you will get is a letter saying they cannot investigate your petition. This also means that you are unable to appeal the decision to a federal court as provided in 18 USC 925(c), since your petition has not been denied, merely ignored.
This was put to the test in United States v. Bean a few years ago. Thomas Bean was convicted and sentenced in Mexico after inadvertently having ammunition in his car while crossing the border. After being released in the U.S., he filed a petition for relief with the BATF, and got back the "non-action" notice. He petitioned a district court, which sided with him and granted relief. However, the case was taken to the Supreme Court, which ruled that the BATF's inaction did not constituted a denial, and thus the district court had no authority to grant relief.
In short, it's a catch-22. You can, but you can't.:cuss:
I too question the idea of denying felons the right to bear arms
permanently, but at least having a process by which people can petition for relief (and be granted such if they are deemed no longer a threat to the public) makes things more fair. Congress' underhanded means of circumventing this statutory remedy is really slimy, IMHO.
Strictly speaking, the Attorney General still has statutory authority to decide petitions (that function was simply delegated the BATF a long time ago), but somehow I doubt you'd get very far filing a petition with the AG's office...
Fortunately, those who have been convicted still have the option of seeking pardons or otherwise getting their convictions expunged or set aside. So, there's still hope, even though the federal administrative remedy was sneakily blocked.