Letter for the President
Change my life
Dear Mr. President,
You have been a champion for justice and fairness with your First Step Act and with the strength of your pardon power. I’m asking for you to correct one more injustice.
I am an NRA life member, NRA certified instructor, former South Carolina, Texas, and Utah Concealed Handgun instructor, competition pistol shooter, Christian, conservative, federal felon. I mailed firearm parts overseas; first working for a small firearms distributor, then for myself after that company went out of business in 2008. In short, I should have known I was breaking the law, and take full responsibility for it.
Because this was a violation of federal law, there is currently no available avenue, other than a Presidential pardon, for me to gain my 2nd Amendment rights back. Below is a short summary of my problem.
FEDERAL LAW AND GUN RESTORATION RIGHTS
The 1968 Gun Control Act prohibits convicted felons and certain other persons from possessing or receiving firearms (18 USC §§ 922(g) and 922(n)). But they may petition BATF for relief from these disabilities. BATF may grant the relief if it determines that (1) the applicant is not likely to endanger public safety and (2) granting relief would not be contrary to the public interest. Anyone whose application is denied may seek judicial review in federal court (18 USC § 925(c)).
Since October 1992, Congress, in its annual appropriations, has prohibited BATF from using appropriated funds to investigate or act upon applications for relief submitted by individuals. BATF claims that as long as this ban remains in place, it cannot process such applications.
THE THOMAS BEAN CASE
Thomas Bean, a convicted felon, applied for reinstatement of his firearm privileges. BATF returned the application unprocessed, explaining that a provision in its annual appropriations barred it from expending funds to process applications. Bean sought relief in federal district court, on the grounds that the bureau's inaction constituted a denial within the meaning of the law and was thus subject to judicial review. BATF contended that the court lacked subject matter jurisdiction because an actual decision by BATF was a prerequisite for judicial review and the bureau had not denied Bean's application. The district court sided with Bean and the appeals court affirmed the decision (Bean v. BATF, 253 F.3d 234 (5th Cir. Tex. 2001)).
In a unanimous decision, the U.S. Supreme Court reversed the lower courts' rulings, finding that an actual BATF decision on an application was a prerequisite for judicial review, and inaction did not amount to a denial within the meaning of the law (U.S. v. Bean, 537 U.S. 71, (2002)). According to Justice Thomas, who wrote the opinion, “mere inaction by ATF does not invest a district court with independent jurisdiction to act on an application” (Id., at 76).
ALTERNATIVE WAYS TO GET RELIEF FROM DISABILITIES
For purposes of the Gun Control Act, a person is not considered convicted if he or she (1) has been pardoned, (2) had his or her civil rights restored or set aside, or (3) had his or her conviction expunged or set aside, unless the pardon, restoration, or expungement expressly bars shipping, transporting, possessing, or receiving firearms (18 USC § 921(a)(20) and (a)(33)).
Anyone convicted of a federal offense may apply for a presidential pardon. Federal regulations (28 CFR § 1.1-1.10) specify the rules governing petitions for obtaining such pardons (copy attached).
I don’t believe I will be able to get Congressional appropriations for a BATF review. That would be the most ideal outcome though as I believe there are countless good people who have served their time, but are also serving a life sentence by having their 2nd Amendment rights permanently removed.
In short, I’m a 45 year old husband and father of two 7 year old boys who believes strongly in a right of responsible personal protection by concealed carry. I have been out of confinement since March of 2016, and off papers since March 2017. Previous to (and since) this charge, I’ve never had any run in with Police other than the occasional traffic stop. I served in the USAF, my father served as a Commander in the Naval Reserves, and my Grandfather was the longest serving Bankruptcy Judge in US History. I made a mistake, trusted the wrong people, served my time, and will continue to be punished for the rest of my life without your help.
I am now self-employed, repairing classic car wiper motors out of my home. I live a very normal life, with a great family, and attending a great church. I have no negative repercussions from my felony other than my loss of my firearms, and some debt from my time in prison. If Congress had not nullified a part of the 1968 Gun Control Act with political maneuvering, I would be pursuing that avenue. But, as such, you alone have the power to truly end my punishment. I’m one of the good guys, who just made a mistake. At my sentencing hearing, the AUSA even said, “We were just their to give a warning. It was the defendant’s cooperation that gave us the evidence to go forward with the charges.” After that hearing, I went and shook his hand, and he told me to let him know if there’s anything he could do to help me in the future. He can’t help me, but you can.