JoshuaR
New member
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- Aug 14, 2005
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Re:
I understand the futility of it and I probably have a better chance of the ATF relief program becoming funded again which is also a longshot. I'm sure even a Presidential pardon is more likely. If the law is on the books for the ATF relief program and it's simply not funded, why could an individual not fund his own case?
C.J. said:Yes but but not in a situation similar to yourself. The closest was the Bean case, but that more concerned the courts lacking jurisdiction over a petition to ATF, and whether ATF denied it or not, and what the ramifications were. They basically ruled that no action by ATF was not a denial.
You could try it, but it would be expensive, and probably futile.
Supposedly the Constitution of course, which federal code supposedly reflects, and if there is a remedy available in the "code (Which there is)." Whether it is actually being practiced or not appears irrelevant based on Bean, your attempt would likely be futile.
I believe it would go District Court, a 3 judge panel of the District Court of Appeals, possibly the full appellate court, then you file a "writ of certiorari," asking SCOTUS to review, which they can refuse.
IF I were you, I would contact some pro-gun organizations in reference to attorneys they recommend, contact several of them and get their opinions.
I understand the futility of it and I probably have a better chance of the ATF relief program becoming funded again which is also a longshot. I'm sure even a Presidential pardon is more likely. If the law is on the books for the ATF relief program and it's simply not funded, why could an individual not fund his own case?