Monday, October 14, 2002

John writes:
While everyone was focused on the famous case of U.S. v. Emerson (5th
Cir., Oct. 16, 2001), cert. denied (June 10, 2002)
Did anyone know that the Supreme Court has granted cert in anotherpotential Second Amendment case, U.S. v. Bean, also from Texas, also from the 5th Circuit?
Oral argument is Wednesday, Oct. 16. Briefs are posted here.

There is a direct split in the circuits, so the SC has to hear it. Under federal law, a felon loses his gun rights but can apply to the ATF to reinstate them, and appeal to the courts if rejected. The ATF refused to consider his application, but Congress didn't fund it. The case may not involve the 2A, and might just be an interpretation of the intent of Congress in the face of conflicting laws.

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