It Depends Upon What the Meaning of the Word ‘Permanent’ Is

Petitioner contends (Pet. 7-21) that 18 U.S.C. 922(g)(1) violates the Second Amendment as applied to her by subjecting her to “permanent” disarmament based on a years-old conviction for a nonviolent felony. Pet. 15. That contention lacks merit. The Department of Justice recently revitalized an administrative process under 18 U.S.C. 925(c) through which convicted felons can regain their ability to possess firearms. Given that process, petitioner cannot show (Pet. 15) that Section 922(g)(1) subjects her to “permanent” disarmament. [More]

Yeah, well, it would help if you guys who make noises that 2A is not a “second class right” would let everybody know what the non-arbitrary criteria are, but as yet you’ve ignored my FOIA request well past the statutory deadline. Are you going to make me file a complaint and then drag that on forever just like the Democrats? And then further discourage such rightful fact-finding by denying recovery of attorney fees?

Sorry if I can’t knee-jerk spin this as a positive. Because this really doesn’t tell us “how,” and a right delayed is a right denied.

[Via Jess]

News You Can Wipe With

The Justice Department is releasing plans to create a process for those with criminal convictions to restore their gun this decision sparking alarm that it will return firearms of those of convicted violent crimes… [Watch]

Make sure you take a look at the comments under the Queen City “News” video.

Sir Wilfrid has a question:

[Via Jess]

Workaround Answer Hiding in Plain Sight

The Department of Justice (DOJ) has issued an Interim Final Rule removing the Attorney General’s delegation of authority to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to process applications for relief from federal firearms disabilities under 18 U.S.C. 925(c). [More]

Yep:

Although federal law provides a means for the relief of firearms disabilities, ATF’s annual appropriation since October 1992 has prohibited the expending of any funds to investigate or act upon applications for relief from federal firearms disabilities submitted by individuals. As long as this provision is included in current ATF appropriations, ATF cannot act upon applications for relief from federal firearms disabilities submitted by individuals.

[18 U.S.C. 925(c); 27 CFR 478.144]

Rendering Chuck Schumer’s appropriations rider against ATF restoring rights impotent by removing ATF from the equation is really smart, and I feel like this is a “Doh!” moment for those of us who never thought of it.. How come no one proposed this before, or did someone, and word of it never escaped the echo chamber?

A Step in the Right Direction

So, this puts a plus mark in the Bondi record. We’ll see what it really means as things develop. Case in point, how does it override the Schumer funding prohibiton on restoring rights?

Restoration Project

About two weeks ago, Ms. Oyer was put on a working group to restore gun rights to people convicted of crimes, she said. [More]

Four Boxes Diner explains the significance.

See, it’s not “prickly” at all, Mel.

Well, maybe for NRA President “Lautenberg Bob” Barr

[Via Jess]

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