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Wyoming Ex Rel. Crank v. U.S., No. 07-8046 (10th Cir.) (539 F.3d 1236) (August 26, 2008) (Judge David M. Ebel)

Article • September 1, 2008 • from P&J September, 2008

Filed under: Punch And Jurists, Restoration of Civil Rights

Wyoming Ex Rel. Crank v. U.S., No. 07-8046 (10th Cir.) (539 F.3d 1236) (August 26, 2008) (Judge David M. Ebel) by This decision is another example of how the lower Federal courts seem unwilling to expand upon the Supreme Court’s recent landmark Second Amendment decision in District of Columbia v. …

U.S. v. Bean, No. 01-704 (U.S. Supreme Court) (537 U.S. 71; 123 S.Ct. 584) (December 10, 2002) (Justice Thomas)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists, Restoration of Civil Rights

U.S. v. Bean, No. 01-704 (U.S. Supreme Court) (537 U.S. 71; 123 S.Ct. 584) (December 10, 2002) (Justice Thomas) by In this case, a unanimous Supreme Court held that convicted felons could not go to the Federal courts to seek restoration of their gun rights once Congress had blocked the …

Pontarelli v. U.S. Dept. of Treasury, No. 00-1268 (3rd Cir.) (285 F.3d 216) (March 29, 2002) (Judge Thomas L. Ambro)

Article • March 1, 2002 • from P&J March, 2002

Filed under: Punch And Jurists, Restoration of Civil Rights

Pontarelli v. U.S. Dept. of Treasury, No. 00-1268 (3rd Cir.) (285 F.3d 216) (March 29, 2002) (Judge Thomas L. Ambro) by The Federal gun laws contain a long (and growing) list of categories of people who are barred from possessing guns (the list of prohibited persons presently includes persons convicted …

Bean v. Bureau of Alcohol, Tobacco and Firearms, No. 00-40304 (5th Cir.) (253 F.3d 234) (June 20, 2001) (Judge Henry A. Politz)

Article • July 1, 2001 • from P&J July, 2001

Filed under: Punch And Jurists, Restoration of Civil Rights

Bean v. Bureau of Alcohol, Tobacco and Firearms, No. 00-40304 (5th Cir.) (253 F.3d 234) (June 20, 2001) (Judge Henry A. Politz) by In 1998, the plaintiff in this case was a duly licensed fireams dealer with the Bureau of Alcohol, Tobacco and Firearms (ATF). In March of trhat year, …

Palma v. U.S. Dept. of Alcohol, Tobacco & Firearms, No. 99-1503 (3rd Cir.) (228 F.3d 323) (September 26, 2000) (Judge Theodore A. McKee)

Article • November 1, 2000 • from P&J November, 2000

Filed under: Punch And Jurists, Restoration of Civil Rights

Palma v. U.S. Dept. of Alcohol, Tobacco & Firearms, No. 99-1503 (3rd Cir.) (228 F.3d 323) (September 26, 2000) (Judge Theodore A. McKee) by In reversing the district court's grant of relief to the petitioner in this case, the Third Circuit held that he had failed to make the necessary …

U.S. v. Corrales, No. 98-10341 (9th Cir.) (183 F.3d 1116) (July 16, 1999) (Judge Herbert Y.C. Choy)

Article • September 1, 1999 • from P&J September, 1999

Filed under: Punch And Jurists, Restoration of Civil Rights

U.S. v. Corrales, No. 98-10341 (9th Cir.) (183 F.3d 1116) (July 16, 1999) (Judge Herbert Y.C. Choy) by

Palma v. U.S., No. Misc.A. 98-209 (E.D.Pa.) (48 F.Supp.2d 481) (April 21, 1999) (Judge Marvin Katz)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Restoration of Civil Rights

Palma v. U.S., No. Misc.A. 98-209 (E.D.Pa.) (48 F.Supp.2d 481) (April 21, 1999) (Judge Marvin Katz) by Palma v. United States, 48 F.Supp.2d 481 (E.D.Pa. 1999) (Judge Katz) McHugh v. Rubin, 49 F.Supp.2d 105 (E.D.N.Y. 1999) (Judge Platt) Both of these cases are noted as rare examples of a Federal …

McHugh v. Rubin, No. 98-CV-5651(TCP) (E.D.N.Y.) (49 F.Supp.2d 105) (April 23, 1999) (Judge Thomas C. Jr. Platt)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Restoration of Civil Rights

McHugh v. Rubin, No. 98-CV-5651(TCP) (E.D.N.Y.) (49 F.Supp.2d 105) (April 23, 1999) (Judge Thomas C. Jr. Platt) by Palma v. United States, 48 F.Supp.2d 481 (E.D.Pa. 1999) (Judge Katz) McHugh v. Rubin, 49 F.Supp.2d 105 (E.D.N.Y. 1999) (Judge Platt) Both of these cases are noted as rare examples of a …

U.S. v. Aldrich, No. 97-2835 (8th Cir.) (169 F.3d 526) (February 23, 1999) (Judge Frank J. Magill)

Article • April 1, 1999 • from P&J April, 1999

Filed under: Punch And Jurists, Restoration of Civil Rights

U.S. v. Aldrich, No. 97-2835 (8th Cir.) (169 F.3d 526) (February 23, 1999) (Judge Frank J. Magill) by In this case the defendant was charged with two 0felon-in-possession counts and one count of possessing an unregistered firearm in violation of 26 U.S.C. §§ 5861 and 5871. The government introduced evidence …

U.S. v. Bolton, No. Crim. No. H-98-324 (S.D.Tex.) (32 F.Supp.2d 461) (January 12, 1999) (Judge Vanessa D. Gilmore)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Punch And Jurists, Restoration of Civil Rights

U.S. v. Bolton, No. Crim. No. H-98-324 (S.D.Tex.) (32 F.Supp.2d 461) (January 12, 1999) (Judge Vanessa D. Gilmore) by Here the Court held that the defendant was not prohibited from possessing firearms at the time those firearms were seized because his rights had been sufficiently restored within the meaning of …

U.S. v. Williams, No. 96-2557 (7th Cir.) (128 F.3d 1128) (October 30, 1997) (Judge Michael S. Kanne)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Restoration of Civil Rights

U.S. v. Williams, No. 96-2557 (7th Cir.) (128 F.3d 1128) (October 30, 1997) (Judge Michael S. Kanne) by United States v. Williams, 128 F.3d 1128 (7th Cir. 1997) (Judge Kanne) United States v. Cardoza, 129 F.3d 6 (1st Cir. 1997) (Judge Bownes) Here are two more cases that show the …

Owen v. Magaw, No. 96-3275 (10th Cir.) (122 F.3d 1350) (September 8, 1997) (Judge William J. Jr. Holloway)

Article • October 1, 1997 • from P&J October, 1997

Filed under: Punch And Jurists, Restoration of Civil Rights

Owen v. Magaw, No. 96-3275 (10th Cir.) (122 F.3d 1350) (September 8, 1997) (Judge William J. Jr. Holloway) by Here the Court held that district courts do not have subject-matter jurisdiction to review the ATF's refusal to investigate or act upon applications for restoration of firearms privileges for convicted felons. …

U.S. v. Qualls, No. 95-50378 (9th Cir.) (108 F.3d 1019) (March 5, 1997) (Judge Robert R. Beezer)

Article • April 1, 1997 • from P&J April, 1997

Filed under: Punch And Jurists, Restoration of Civil Rights

U.S. v. Qualls, No. 95-50378 (9th Cir.) (108 F.3d 1019) (March 5, 1997) (Judge Robert R. Beezer) by Case held that the district court committed plain error by failing to instruct jury that it could only convict defendant for possessing those firearms that he was barred from possessing under state …

U.S. v. Estrella, No. 96-1625 (1st Cir.) (104 F.3d 3) (January 9, 1997) (Judge Michael Boudin)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Restoration of Civil Rights

U.S. v. Estrella, No. 96-1625 (1st Cir.) (104 F.3d 3) (January 9, 1997) (Judge Michael Boudin) by Case held that unless a state grants a complete restoration of the right to possess all firearms, the individual remains subject to federal prosecution as a felon in possession. In discussing the three …

U.S. v. Caron, No. 94-10040-WGY (D.Mass.) (941 F.Supp. 238) (September 12, 1996) (Judge William G. Young)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Restoration of Civil Rights

U.S. v. Caron, No. 94-10040-WGY (D.Mass.) (941 F.Supp. 238) (September 12, 1996) (Judge William G. Young) by Although the court held that the defendant could not be sentenced as an armed career criminal because his civil rights had been substantially restored, he could be convicted as a felon in possession …

U.S. v. Caron, No. 94-2026 (1st Cir.) (77 F.3d 1) (February 26, 1996) (Judge Frank M. Coffin)

Article • April 1, 1996 • from P&J April, 1996

Filed under: Punch And Jurists, Restoration of Civil Rights

U.S. v. Caron, No. 94-2026 (1st Cir.) (77 F.3d 1) (February 26, 1996) (Judge Frank M. Coffin) by This en banc decision reverses both a prior decision in the same case (U.S. v. Caron, 64 F.3d 713 (1st Cir. 1995) and an earlier decision on the same issues, U.S. v. …

U.S. v. McGill, No. 95-10342 (5th Cir.) (74 F.3d 64) (January 18, 1996) (Judge W. Eugene Davis)

Article • February 1, 1996 • from P&J February, 1996

Filed under: Punch And Jurists, Restoration of Civil Rights

U.S. v. McGill, No. 95-10342 (5th Cir.) (74 F.3d 64) (January 18, 1996) (Judge W. Eugene Davis) by For a contrary view, with which this court took issue, see Rice v. U.S., 68 F.3d 702 (3rd Cir. 1995). Here the Court held that when Congress suspended appropriations to the ATF …

Rice v. Dept. of Alcohol, Tobacco and Firearms, No. 94-1547 (3rd Cir.) (68 F.3d 702) (October 18, 1995) (Judge William D. Hutchinson)

Article • December 1, 1995

Filed under: Punch And Jurists, Restoration of Civil Rights

Rice v. Dept. of Alcohol, Tobacco and Firearms, No. 94-1547 (3rd Cir.) (68 F.3d 702) (October 18, 1995) (Judge William D. Hutchinson) by In this case, the Third Circuit held that, notwithstanding Congress' refusal to appropriate funds to the ATF to investigate applications for restoration of federal firearms privileges, the …

U.S. v. Dahms, No. 90-30269 (9th Cir.) (938 F.3d 131) (July 2, 1991) (Judge Eugene A. Wright)

Article • January 1, 1994

Filed under: Punch And Jurists, Restoration of Civil Rights

U.S. v. Dahms, No. 90-30269 (9th Cir.) (938 F.3d 131) (July 2, 1991) (Judge Eugene A. Wright) by Case held that state law determines both the admissibility of a prior state conviction as a predicate offense under § 922(g) and the scope of the Federal prohibition on firearms possession.