Right now Representatives Howard Coble (R-N.C.), and Bobby Scott (D-Va.) have introduced HR 5092-- "THE BATFE MODERNIZATION AND REFORM ACT OF 2006".
In 2002, the Supreme Court ruled in UNITED STATES et al. v. BEAN
http://caselaw.lp.findlaw.com/script...0&invol=01-704 that a person may not use the
absence of a denial from the BATFE as a reason to invoke the provisions of section 925(c) which allows judicial review in a District Court for the restoration of their firearms rights.
In that ruling, written for a
unanimous court by Justice Thomas, it was stated
Quote:
|
The absence of an actual denial by ATF of a felon's petition precludes judicial review under [section]925(c). The Secretary of the Treasury is authorized to grant relief from a firearms disability if certain preconditions are met, and an applicant may seek federal-court review if the Secretary denies his application. Ibid. Since 1992, however, the appropriations bar has prevented ATF, to which the Secretary has delegated this authority, from using appropriated funds to investigate or act upon the applications. Section 925(c)'s text and the procedure it lays out for seeking relief make clear that an actual decision by ATF on an application is a prerequisite for judicial review, and that mere inaction by ATF does not invest a district court with independent jurisdiction. Grammatically, the phrase "denied by the Secretary" references the Secretary's decision on whether an applicant "will not be likely to act in a manner dangerous to public safety," and whether "the granting of the relief would not be contrary to the public interest." Such determination can hardly be construed as anything but a decision actually denying the application.
|
This was perhaps among the top ten worst rulings in United States history. If the mere absence of funding of a program is not considered a denial, then any unfunded program with denial provisions can simply be defunded -- game, set, and match. This is what happened when anti-firearms groups demanded defunding of the restoration of rights program under section 925(c) back in 1992.
The NRA is behind HR 5092-- "THE BATFE MODERNIZATION AND REFORM ACT OF 2006" and is encouraging members to call their reepresentatives to co-sponsor the legislation.
What really needs to happen, however, is for all of us -- members and non-members alike -- to call the NRA and demand that they attempt to insert language into HR 5092 that either re-funds section 925(c)'s restoration of rights program; or that removes the language "denied by the Secretary"; or which repeals section 925(c) in its entirety and returns the control of restoration of rights to the States and District Courts.
I would urge all who post here, their friends, and their family members to call NRA-ILA Grassroots Division at (800) 392-VOTE (8683) and urge them to take this rare opportunity to change this bad law and its bad ruling once and for all. Too many Americans are losing their firearms rights forever. Whether you love the NRA or hate them is no excuse for not making the call.
It would not hurt to call SAF (425) 454-7012, JPFO (262) 673-9745, and GOA (703) 321-8585 as well and put a bug in their ear about this opportunity. It also would not hurt to notify your local pro-firearms organizations as well.