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• W1500817825 abstract "INTRODUCTION The last thing that Thomas Bean expected on the evening he drove across the border into Mexico for some dinner was that he would end up staying there involuntarily for the next six months. When Bean, a firearms dealer by occupation, crossed the border into Mexico, customs officials there spotted some ammunition in the back seat of his car. (1) He was arrested for and then convicted of importing ammunition into Mexico. After serving time in a Mexican prison, he was transferred to a federal prison in Texas to serve out the remainder of his sentence. (2) He served a month in federal prison; after that he served ten months under supervised release before he was completely freed. (3) As a convicted felon, Bean lost both his right to possess firearms and his firearms license. (4) He then petitioned the Bureau of Alcohol, Tobacco, and Firearms (ATF) to restore his lost rights. (5) 18 U.S.C. [section] 925(c) gives the ATF that authority. (6) Unfortunately for Bean, since 1992 Congress has prohibited the ATF from using any of it annual appropriations to investigate requests for such relief. (7) He then sought relief in federal court. (8) One of the provisions in the relief statute gave federal judges the power to review ATF denials of relief. (9) Although the judge had no denial as such to review, he nevertheless found that the ATF's refusal to review Bean's petition amounted to a denial. (10) After a hearing, the judge granted Bean his requested relief. (11) In reviewing the district judge's ruling, the Court of Appeals for the Fifth Circuit affirmed, ignoring the prevailing law in this area, including its own. (12) On Dec. 10, 2002, in one of its earliest decisions of the term, the Supreme Court in the case United States v. Bean overturned the Fifth Circuit; the Court ruled that a federal district court has no authority under the relief statute when the ATF has not acted. (13) Denial is not the same as inaction. Bean must now return to his used car business. Bean's case is compelling for a number of reasons. The district and circuit court decisions must be accounted for, contrary as they were to prevailing law. Their decisions were driven in no small part by the concern for the unjustified imposition of a serious occupational disability upon an otherwise worthy individual, as well as the denial to him of an opportunity to demonstrate his worthiness. (14) Further, an examination of the federal firearms disabilities scheme, the relief provision, and the appropriations ban reveal that the current system, which prevents felons like Bean from reentering their professions, is severely flawed. In particular, the appropriations ban has removed the only remaining safe haven for individuals trapped in a cumbersome process that was already riddled with inefficiency, inconsistency and inequity. Like other collateral consequences of conviction, occupational disabilities have received increased attention lately. (15) This is due in large part to the enormous increase of individuals imprisoned in state and federal institutions. (16) With approximately 600,000 felons released annually, occupational and employment disabilities impact an unprecedented number of individuals. (17) These disabilities can be divided into three groups--unregulated occupational disabilities, regulated occupational disabilities, and secondary or derivative occupational disabilities. (18) The first group is comprised of those in which private employers choose not to hire felons on the basis of fear, animosity, or pique. (19) The other two types of disabilities are those imposed or derived from law. Regulated occupational disabilities are comprised of specific laws that severely hamper the ability of ex-offenders to earn a livelihood since they prevent individuals from entering or remaining in certain professions, occupations, (20) and government employment. (21) These laws are endemic. (22) They are found in statutes, ordinances, and even constitutional provisions; their impact leaves many ex-offenders with little choice other than the pursuit of illegal activities. …" @default.
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• W1500817825 date "2003-07-01" @default.
• W1500817825 modified "2023-09-23" @default.
• W1500817825 title "No Guns or Butter for Thomas Bean: Firearms Disabilities and Their Occupational Consequences" @default.
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