Opinion
No. CR14-0335JLR
01-22-2021
UNITED STATES OF AMERICA, Plaintiff, v. JEFFREY C. HECKMAN, Defendant.
Presented by: ANDREW C. FRIEDMAN Assistant United States Attorney
ORDER DENYING DEFENDANT'S REQUEST TO HAVE HIS SECOND AMENDMENT RIGHTS RESTORED
WHEREAS, Defendant, Jeffrey C. Heckman, was convicted in this case on February 23, 2015, of failing to collect and pay tax, in violation of 26 U.S.C. § 7202;
WHEREAS, Defendant sent a letter to this Court on December 27, 2020, asking that "[his] 2nd amendment rights be reinstated";
WHEREAS, the Court has reviewed that filing, the United States' opposition, and the files in this case;
The Court FINDS that 18 U.S.C. § 922(g)(1) provides that any person convicted of a crime punishable by imprisonment for more than one year is prohibited from possessing firearms;
The Court further FINDS that, because the crime of which Defendant was convicted in this case, a violation of 26 U.S.C. § 7202, is punishable by imprisonment for up to five years, Defendant is barred from possessing firearms;
The Court further FINDS that 18 U.S.C. § 921(a)(20) provides that "[a]ny conviction . . . for which a person . . . has had his civil rights restored shall not be considered a conviction for purposes of this chapter," (that is Title 18, Chapter 44 of the United States Code, the chapter that includes 18 U.S.C. § 922(g)(1));
The Court further FINDS that 18 U.S.C. §925(c) establishes the procedure by which persons convicted of federal felonies may seek to have their ability to possess firearms restored, and requires that such persons apply to the Attorney General of the United States to do so;
The Court further FINDS that United States v. Bean, 537 U.S. 71 (2002), precludes a court from acting on a defendant's request to have firearm rights restored, unless the defendant has applied to the Attorney General's delegate, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and ATF has considered and denied the application;
The Court further FINDS that there is no evidence that Defendant has applied to ATF to have his right to possess firearms restored, or that ATF has considered and denied such an application; and
The Court further FINDS that Defendant therefore is not entitled to have this Court restore his right to possess firearms. Now, therefore, // // //
IT IS ORDERED that Defendant's request to have his right to possess firearms restored is denied.
DONE: this 22nd day of January, 2021.
/s/_________
The Honorable James L. Robart
U.S District Court Judge Presented by: /s/ Andrew C . Friedman
ANDREW C. FRIEDMAN
Assistant United States Attorney