United States Third Circuit

Overruling the holding of Rice v. United States, 68 F.3d 702, 706-07 (3d Cir. 1995), district courts do not have jurisdiction under 18 U.S.C. section 925(c) to review convicted felons' applications for restoration of their firearms privileges, where, pursuant to an appropriations ban, the ATF is unable to do so; consequently, here, the court lacked subject matter jurisdiction to consider petitioner's application.

Appellate Information

• Argued 11/28/2001
• Decided 03/29/2002
• Published 03/29/2002

Judges

• Before BECKER, Chief Judge, SLOVITER, MANSMANN,SCIRICA, NYGAARD, ALITO, ROTH, McKEE, RENDELL, BARRY, AMBRO, FUENTES, and ROSENN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Stuart E. Schiffer, Acting Assistant, Attorney General, Michael L. Levy, United States Attorney, Mark B. Stern, Thomas M. Bondy (Argued), United States Department of Justice, Washington, D.C., for Appellants.


• For Appellees:
  
• Imelda M. Koett, Associate Chief Counsel, John R. Kodadek, Office of Chief Counsel, Bureau of Alcohol, Tobacco and Firearms, Washington, D.C., of Counsel Gregory P. Lamonaca (Argued), Media, PA, for Appellee.