A. The U.S. Coast Guard Final Agency Action Denial was Wrongfully Based Upon a Personal Ideology in Violation of the Oath of Office
That Don Hamrick's cause of action arose in 2002 from a judicial review of the U.S. Coast Guard's final agency action denial (46 C.F.R. § 1.0130) of his application for an endorsement on his Merchant Mariner's Document, such endorsement to read, "National Open Carry Handgun" for which there were and still are no federal laws r regulations for or against that particular endorsement. The reason given for the denial is found in the U.S. Coast Guard's letter dated April 19, 2002:
Dated April 19, 2002
Dear Mr. Hamrick:
This is to address your appeal of a decision by the Commanding Officer, Coast Guard National Maritime Center concerning your Merchant Mariner's Document.
In your letter of 19 January 2002, you applied to have your Merchant Mariner's Document endorsed "National Open Carry Handgun." The Commanding Officer, Coast Guard National Maritime Center replied to you in his letter of 22 February, denying your application. You appealed that decision in your letter of 16 March to Secretary of Transportation Norman Y. Mineta, and supplemented your appeal with your letter 29 March, also to Secretary Mineta. Your appeal was forwarded to me for final agency action as outlined in 46 CFR 1.03-15(j).
I am impressed with your scholar ship [sic] and zeal in formulating arguments in support of your application for a National Open Carry Handgun endorsement on your Merchant Mariner's Document, but I am not persuaded to agree with you.[sup]577[/sup] As you have noted, the laws and regulations do not provide for such an endorsement nor do they prohibit it. Instead, the matter is left to my judgment.[sup]578[/sup] My decision, after considering all the material your [sic] have submitted, is that it would not be in the best interest of marine safety or security[sup]579[/sup] to initiate the endorsement you have applied for. Your appeal is therefore denied and the Commanding Officer, National Maritime Center is directed not to place any endorsements regarding firearms on any merchant mariner's licenses or documents.
This decision constitutes final agency action as cited above.
Capt. J. P. Brusseau
Director of Field Activities
Marine Safety, Security and Environmental Protection