Great Moments in Bureaucracy


Here is an update on a story I first ran back in October. The back story involves a Texas gun dealer who inadvertently left 200 rounds of ammunition in his car when he tried to enter Mexico. He was charged and convicted of a felony in Mexico (without getting a trial) and turned over to the U.S. to serve out his five year sentence. A federal judge in Texas wisely commuted his sentence, but the felony conviction has ruined his firearms business.

To get his Second Amendment rights restored, he has to submit an application to the ATF. However Congress banned the agency from processing requests, therefore he is stuck in bureaucratic limbo.

The Supreme Court finally ruled on the case, but it didn't go well for Bean. The Washington Post reports that the justices ruled unanimously that felons must go through a federal agency, even though that agency has been banned by Congress from processing requests. Previously Federal Courts had ruled to restore Bean's rights because of the ATF inaction. However, gun grabbers at the VPC have lobbied to deny Bean his rights and thus shut down another gun dealer.

Most disturbing is that Justice Thomas noted that SCOTUS could only have ruled in his favor if the ATF had denied his request outright. Since the ATF is simply not acting on the application, there is nothing Bean or the SCOTUS can do.

What is equally disturbing is that the Bush administration had argued against Bean, despite the Justice Department's stance that the Constitution guarantees a right to gun ownership.

So much for justice.



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