Filed: Oct. 18, 1995
Latest Update: Mar. 02, 2020
Summary: Opinions of the United 1995 Decisions States Court of Appeals for the Third Circuit 10-18-1995 Rice v U S Dept ATF Precedential or Non-Precedential: Docket 94-1547 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_1995 Recommended Citation "Rice v U S Dept ATF" (1995). 1995 Decisions. Paper 272. http://digitalcommons.law.villanova.edu/thirdcircuit_1995/272 This decision is brought to you for free and open access by the Opinions of the United States Court o
Summary: Opinions of the United 1995 Decisions States Court of Appeals for the Third Circuit 10-18-1995 Rice v U S Dept ATF Precedential or Non-Precedential: Docket 94-1547 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_1995 Recommended Citation "Rice v U S Dept ATF" (1995). 1995 Decisions. Paper 272. http://digitalcommons.law.villanova.edu/thirdcircuit_1995/272 This decision is brought to you for free and open access by the Opinions of the United States Court of..
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Opinions of the United
1995 Decisions States Court of Appeals
for the Third Circuit
10-18-1995
Rice v U S Dept ATF
Precedential or Non-Precedential:
Docket 94-1547
Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_1995
Recommended Citation
"Rice v U S Dept ATF" (1995). 1995 Decisions. Paper 272.
http://digitalcommons.law.villanova.edu/thirdcircuit_1995/272
This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova
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UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 94-1547
___________
PHILIP V. RICE,
Appellant
v.
UNITED STATES OF AMERICA, DEPARTMENT OF ALCOHOL,
TOBACCO AND FIREARMS,
Appellee
___________
Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D.C. Civil Action No. 93-cv-06107)
___________
Argued: October 25, 1994
PRESENT: STAPLETON, HUTCHINSON* and GARTH, Circuit Judges
(Filed October 18, 1995)
____________
Arthur L. Jenkins, Esquire (Argued)
325 DeKalb Street
P.O. Box 710
Norristown, PA 19404-0710
Attorney for Appellant
Bernadette A. McKeon, Esquire (Argued)
Office of United States Attorney
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615 Chestnut Street
Philadelphia, PA 19106
Attorney for Appellee
* This opinion was prepared by the Honorable William D. Hutchinson and
approved by the panel prior to his untimely death.
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____________
OPINION OF THE COURT
____________
HUTCHINSON, Circuit Judge.
I. Introduction
Appellant, Philip V. Rice ("Rice"), appeals an order of the United States
District Court for the Eastern District of Pennsylvania dismissing his request for judicial
review of appellee's, the Bureau of Alcohol, Tobacco and Firearms's ("BATF"), refusal to
process his application for relief from a firearm disability. Rice claimed that BATF acted
contrary to the Gun Control Act of 1968 ("Act"), the Second Amendment and the Fifth
Amendment.
Section 922(g)(1) of the Act prohibits persons convicted of crimes
punishable by imprisonment in excess of one year from owning or possessing firearms.
Rice was so convicted. Section 925(c) authorizes BATF to lift this prohibition if, after an
investigation, it is satisfied that the convict will not be likely to act in a manner
dangerous to public safety and that the granting of such relief would not be contrary to
the public interest. Section 925(c) gives BATF broad discretion, but its exercise of this
discretion is subject to judicial review. The statute does not confine a district court to
the administrative record, but authorizes the reviewing courts to receive additional
evidence if necessary to avoid a "miscarriage of justice." Despite BATF's authority to
grant relief from a firearm disability, Congress in recent years has prohibited it from
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spending appropriated funds to investigate such applications.
The district court granted BATF's motion for summary judgment on the
merits of Rice's constitutional claims. It concluded, however, that it lacked subject
matter jurisdiction over his statutory claim for judicial review of BATF's inability to
complete the investigation that is a prerequisite to its action granting a convict's section
925(c) application. The court reasoned that judicial review was unavailable because
BATF had not finally denied Rice's application, but simply lacked any present means to
continue processing it.
While we will affirm the district court's decision to dismiss Rice's
constitutional claims on their merits, we will reverse its order dismissing his section
925(c) claim and remand the case to the district court so that it can exercise its statutory
discretion to decide whether BATF's failure to grant Rice the relief he seeks would be a
miscarriage of justice. If it decides this question in the negative, it should dismiss Rice's
request for judicial review on its merits. If it decides in the affirmative, Rice should be
given an opportunity to present evidence relevant to section 925(c)'s standards for
restoration of firearm privileges and thereafter the court should decide the merits of
Rice's case on the completed record.
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II. Factual and Procedural Background
Rice alleges these facts, all of which we assume are true at this stage of
the case. In 1970, at age twenty, Rice pled guilty in a Pennsylvania state court to
several related felonies involving stolen automobile parts. The state fined him and
sentenced him to a term of probation.
The Act, 18 U.S.C.A. §§ 921-30 (West & Supp. 1995), as amended,
prohibits a person convicted of "a crime punishable by imprisonment for a term
exceeding one year" from possessing firearms.118 U.S.C.A. § 922(g). See also United
States v. Essig, 10 F.3d 968 (3d Cir. 1993). 18 U.S.C.A. § 922(g)(1) (West Supp.
1995). It authorizes the Secretary of the Treasury to grant relief
from the disabilities imposed by Federal laws with respect to
the acquisition . . . or possession of firearms . . . if it is
established to [the Secretary's] satisfaction that the
circumstances regarding the disability, and the applicant's
record and reputation, are such that the applicant will not be
likely to act in a manner dangerous to public safety and that
the granting of the relief would not be contrary to the public
interest.
1
Section 922(g)(1) provides in part:
It shall be unlawful for any person--(1) who has been
convicted in any court of, a crime punishable by
imprisonment for a term exceeding one year;
***
to ship or transport in interstate or foreign commerce, or
possess in or affecting commerce, any firearm or
ammunition; or to receive any firearm or ammunition which
has been shipped or transported in interstate or foreign
commerce.
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18 U.S.C.A. § 925(c) (West Supp. 1995).
Rice claims that he did not realize his felony convictions deprived him of
his right to own and possess firearms. As a hunter and a gun collector, he continued to
possess them.
The Secretary's decision to grant or deny relief pursuant to section 925(c)
is subject to judicial review. In this respect section 925(c) provides that the district court
is not limited to the administrative record, but can admit additional evidence to avoid "a
miscarriage of justice."218 U.S.C.A. § 925(c). The Secretary of the Treasury has
delegated his authority to grant relief to the Director of BATF. See 27 C.F.R. § 178.144.
To determine whether an applicant is entitled to relief, BATF "conducts a
broad-based field investigation concentrating on [the] statutory criteria surrounding the
applicant's disabling conviction and the applicant's record and reputation." Appendix
("App.") at 30. It also "interviews the applicant, the listed character references,
employers, members of the community where the applicant lives, the applicant's
probation officer and other local law enforcement officers," as well as other law
enforcement records. Id.
2
Section 925(c) states:
Any person whose application for relief from disabilities is
denied by the Secretary may file a petition with the United
States district court for the district in which he resides for a
judicial review of such denial. The court may in its discretion
admit additional evidence where failure to do so would result
in a miscarriage of justice.
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Rice claims that he applied for restoration of his firearms privileges when
he first became aware of the effect his state court guilty pleas had on his right to
possess firearms. BATF's investigation revealed that Rice had purchased as many as
fifty guns after his state conviction. BATF did not confiscate any of Rice's guns, but
allowed him to turn them over to his father for safekeeping. Rice admitted these
purchases and pled guilty to violating 18 U.S.C.A. § 922(g)(1). On the present record, it
is not clear to us whether Rice voluntarily disclosed these violations to BATF when he
filed his first application for relief or instead merely conceded them after BATF
uncovered them in the course of its investigation.
On February 27, 1992 the Governor of Pennsylvania pardoned Rice's
1970 convictions, and the state court subsequently expunged his state criminal record.
In June 1992 Rice again applied to BATF for restoration of his firearms privileges.
BATF began a second investigation. It was unable to complete this investigation
because Congress passed an appropriation bill for fiscal 1992-1993 (effective October
1992) that provided: "[N]one of the funds appropriated herein shall be available to
investigate or act upon applications for relief from Federal firearms disabilities under 18
U.S.C. 925(c)." Treasury, Postal Service, and General Government Appropriations Act,
Pub. L. No. 102-393, 105 Stat. 1729, 1732 (1992). Congress imposed a similar
spending prohibition on BATF for fiscal years 1993-1994 and 1994-1995. See Pub. L.
No. 103-123, 107 Stat. 1226, 1228 (1993); Pub. L. No. 103-329, 108 Stat. 2382, 2385
(1994). It is currently considering extending the spending prohibition for fiscal 1995-96.
See H.R. 2020, 104th Cong., 1st Sess. (1995). After the October 1992 prohibition,
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BATF informed Rice that it could not continue to process existing applications for relief
from federal firearms disabilities and, therefore, that it was terminating further action on
his application.
Rice then filed this action for judicial review of BATF's refusal to grant his
June 1992 application. In his complaint he also claimed that BATF "is denying him his
constitutional rights to bear arms under the Second Amendment and to due process
and 'equal protection of the laws' under the Fifth Amendment." Rice v. United States
Dept. of Alcohol, Tobacco and Firearms, 850 F. Supp. 306, 308 (E.D. Pa. 1994). BATF
moved to dismiss Rice's complaint or, in the alternative, for summary judgment. BATF
argued that Rice is not entitled to judicial review of its refusal to act on his section
925(c) application because it has never finally denied the application; but, rather, was
forced to stop processing it because Congress prohibited the use of appropriated funds
for this purpose. BATF also contended that Rice's constitutional claims failed as a
matter of law. Accepting BATF's contention that its inability to act on Rice's application
did not constitute a denial under section 925(c), the district court dismissed his request
for judicial review for lack of subject matter jurisdiction, and granted BATF's motion for
summary judgment on the merits of Rice's constitutional claims.
III. Discussion
This Court's appellate jurisdiction over Rice's challenge to the district
court's final decision is based upon 28 U.S.C.A. § 1291 (West 1993). A district court's
dismissal for lack of jurisdiction is subject to plenary review. Anthuis v. Colt Indus.
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Operating Corp., 971 F.2d 999, 1002 (3d Cir. 1992); Mellon Bank (East) PSFS v.
Farino,
960 F.2d 1217, 1220-21 (3d Cir. 1992).
BATF's argument that the district court lacked jurisdiction over Rice's
claim is straightforward. It begins with the proposition that district courts are courts of
limited jurisdiction and cannot disregard or evade the limits that Congress imposes on
them. See Owens Equipment & Erection Co. v. Kroger, 437 U.S. 365 (1978). BATF
then contends that section 925(c) is the exclusive avenue for relief from section
922(g)(1)'s prohibition against a convict's ownership or possession of firearms; that
judicial review is only available after it has denied an application for relief; that it has not
denied Rice's application; and that it cannot take any final action until the prohibited
investigation is completed. The district court accepted BATF's argument, with a caveat.
It stated:
It is doubtful whether the [B]ATF may avoid judicial review
under any and all circumstances simply by failing to process
an application. In this instance, however, there is no
evidence of bad faith or arbitrary or capricious conduct on
the part of the agency. There has been no undue delay.
Congress has eliminated the funding needed by the [B]ATF
to process [Rice's] application. Consequently, the [B]ATF
has suspended work on this and presumably other
applications through no fault of its own. [B]ATF's failure to
process [Rice's] application cannot be deemed a denial
under § 925(c). This court has no jurisdiction, and [Rice] is
not entitled to any relief from the court, as a result of
Congress' elimination of [B]ATF appropriation for application
review under § 925(c).
Rice, 850 F. Supp. at 308 (internal citations omitted); see also Moyer v. Secretary of
Treasury,
830 F. Supp. 516, 518 (W.D. Mo. 1993) (suspension of funding for
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investigations is not the functional equivalent of a denial).
We believe the district court erred in holding that Congress's elimination of
appropriations for investigating and acting on section 925(c) applications deprived it of
subject matter jurisdiction.3 We believe the district court's order is more properly
analyzed in terms of a failure to exhaust administrative remedies rather than a lack of
subject matter jurisdiction.
Nevertheless, we have an independent threshold obligation to satisfy
ourselves that the district court had subject matter jurisdiction. See Bender v.
Williamsport Area School Dist., 475 U.S. 534 (1986). Therefore, before reaching the
exhaustion issue, we will consider whether Congress's repeated prohibitions against the
use of funds to investigate section 925(c) applications evidences a legislative intent to
repeal this section and deprive the district court of subject matter jurisdiction over
BATF's inaction.
We do not question Congress's exclusive power to appropriate money and
establish the jurisdiction of inferior federal courts. See U.S. Const., Art. I, § 8
(appropriation power); U.S. Const., Art. III, § 1 ("The judicial Power of the United States,
shall be vested in one Supreme Court, and in such inferior Courts as the Congress may
from time to time ordain and establish."); Lauf v. E.G. Shinner & Co., 303 U.S. 323, 330
3
We have given careful consideration to Rice's constitutional claims that he "has been
denied his Second Amendment Right to bear arms and to due process and to 'equal
protection under the laws' because the Government has failed and refused to process
his application . . . within a reasonable time," but conclude that they lack merit.
Appellant's Brief at 12. Thus, we will affirm the district court's grant of summary
judgment with respect to them. See
Rice, 850 F. Supp. at 308-09.
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(1938) ("There can be no question of the power of Congress thus to define and limit the
jurisdiction of the inferior courts of the United States.") (footnote omitted); Kline v. Burke
Const. Co., 260 U.S. 226, 234 (1922) (Congress "may give, withhold or
restrict . . . jurisdiction at its discretion"); Sheldon v. Sill,
49 U.S. 441, 449 (1850) ("the
disposal of the judicial power . . . belongs to Congress"). It may also use appropriation
acts to amend or repeal substantive legislation. See Robertson v. Seattle Audubon
Soc'y, 503 U.S. 429, 440 (1992); United States v. Dickerson,
310 U.S. 554, 555 (1940);
Director, OWCP v. Alabama By-Products Corp.,
560 F.2d 710, 719 (5th Cir. 1977).
Furthermore, Congress can preclude judicial review of administrative action, subject to
constitutional constraints. Bowen v. Michigan Academy of Family Physicians,
476 U.S.
667, 672-73 (1986). Nevertheless, before courts will hold that Congress has used an
appropriation act to repeal substantive legislation or preclude judicial review of
administrative action, the intention to do so must be clearly stated. See
Robertson, 503
U.S. at 440 (Congress "may amend substantive law in an appropriations statute, as long
as it does so clearly."); Johnson v. Robison,
415 U.S. 361, 373-74 (1974) (courts
require "clear and convincing evidence of congressional intent . . . before a statute will
be construed to restrict access to judicial review") (internal quote omitted).
The appropriation acts presently before us fail to show a clear intent to
repeal section 925(c) or to preclude judicial review of BATF's refusal to grant relief from
firearms disabilities. The relevant portion of the appropriation act for 1992-93 states
only:
[N]one of the funds appropriated herein shall be available to
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investigate or act upon applications for relief from Federal
firearms disabilities under 18 U.S.C. 925(c).
Pub. L. No. 102-393, 106 Stat. 1729, 1732 (1992). The 1993-94 act merely extended
the previous year's prohibition in similar terms, as did the 1994-95 act. All three limit
BATF's ability to spend appropriated funds to investigate section 925(c) applications,
but none of them expressly preclude a court from reviewing BATF's refusal to process
an application for relief. Absent more explicit language, we are unwilling to interpret
these appropriation act provisions as repealing section 925(c), either in its entirety, or
specifically with respect to its provision for judicial review of administrative decisions
concerning a convict's application for restoration of his firearms privileges. This
conclusion makes it unnecessary for us to explore any limits on Congress's broad
legislative powers to control appropriations. See Andrus v. Sierra Club, 442 U.S. 347
(1979); Tennessee Valley Auth. v. Hill,
437 U.S. 153 (1978).
Having concluded that Congress has not repealed the statute or restricted
judicial review to deprive the district court of subject matter jurisdiction over Rice's
challenge, we next consider whether BATF's inability to process Rice's application is a
final denial. As we have already stated, we believe this issue is most appropriately
analyzed in accord with the doctrine of exhaustion of administrative remedies.
Exhaustion, though often referred to as a question of jurisdiction, does not have the
same rigidity as true issues of subject matter jurisdiction. A district court cannot
consider a case without subject matter jurisdiction, but failure to exhaust is not always
fatal. See Myers v. Bethlehem Shipbuilding Corp., 303 U.S. 41, 50-51 (1938)
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(describing exhaustion as a "rule of judicial administration"); see also McCarthy v.
Madigan, 503 U.S. 140 (1992). As recently described by the Supreme Court, "[t]he
doctrine of exhaustion of administrative remedies is one among related doctrines——
including abstention, finality, and ripeness——that govern the timing of federal court
decisionmaking."
McCarthy, 503 U.S. at 144.
The general rule concerning exhaustion is "'that no one is entitled to
judicial relief for a supposed or threatened injury until the prescribed administrative
remedy has been exhausted.'" McKart v. United States, 395 U.S. 185, 193 (1969)
(quoting
Myers, 303 U.S. at 501-51); see also
McCarthy, 503 U.S. at 144-45 ("This
Court long has acknowledged the general rule that parties exhaust prescribed
administrative remedies before seeking relief from the federal courts.") (citing Myers,
303 U.S. at 50-51 and n.9). "Exhaustion is required because it serves the twin
purposes of protecting administrative agency authority and promoting judicial
efficiency."
McCarthy, 503 U.S. at 145. A significant inquiry in determining the
applicability of the exhaustion doctrine is congressional intent and, "[w]here Congress
specifically mandates, exhaustion is required."
Id. at 144.
To decide an exhaustion issue "federal courts must balance the interest of
the individual in retaining prompt access to a federal judicial forum against
countervailing institutional interests favoring exhaustion." Id. at 146. "Application of this
balancing principal is 'intensely practical' because attention is directed to both the
nature of the claim presented and the characteristics of the particular administrative
procedure provided."
Id. (quotation omitted). Thus, a court may decline "to require
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exhaustion in some circumstances even where administrative and judicial interests
would counsel otherwise." Id.; see also id. at 144 ("where Congress has not clearly
required exhaustion, sound judicial discretion governs") (citations omitted); Coit
Independence Joint Venture v. Federal Sav. and Loan Ins. Corp., 489 U.S. 561, 579
(1989) ("Where a statutory requirement of exhaustion is not explicit, 'courts are guided
by congressional intent in determining whether application of the doctrine would be
consistent with the statutory scheme.'") (quoting Patsy v. Florida Bd. of Regents, 457
U.S. 496, 502 n.4 (1982)).
In McCarthy the Supreme Court described "three broad sets of
circumstances in which the interests of the individual weigh heavily against requiring
administrative exhaustion." Id. First, a court is less likely to apply exhaustion when it
may cause "undue prejudice to subsequent assertion of a court action."
McCarthy, 503
U.S. at 146-47. One way in which this "undue prejudice" may occur is by "an
unreasonable or indefinite timeframe for administrative action."
Id. at 147 (citations
omitted). Second, a court may excuse exhaustion when there is "'some doubt as to
whether the agency was empowered to grant effective relief.'"
Id. (quoting Gibson v.
Berryhill,
411 U.S. 564, 575 n.14 (1973)). Third, exhaustion may not be required when
the agency "is shown to be biased or has otherwise predetermined the issue before it."
Id. at 148 (citing
Gibson, 411 U.S. at 575 n.14).
In Coit Independence, the Supreme Court addressed the first situation. In that case,
the Court reviewed the adequacy of FSLIC proceedings to determine claims against
savings and loan associations under FSLIC receivership. The claim in question was
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retained for "further review" and held without action for over 13 months. Coit
Independence, 489 U.S. at 586. The Court held that "[t]he lack of a reasonable time
limit in the current administrative claims procedure render[ed] it inadequate" and
"[a]dministrative remedies that are inadequate need not be exhausted."
Id. at 587; see
also
id. ("Because the Bank Board's regulations do not place a reasonable time limit on
FSLIC's consideration of claims, Coit cannot be required to exhaust those procedures.")
(citations omitted); Honig v. Doe,
484 U.S. 305, 327 (1988) (parties "may bypass the
administrative process where exhaustion would be futile or inadequate") (citations
omitted); Glover v. St. Louis-San Francisco Ry.,
393 U.S. 324, 330 (1969) (applying one
"of the most obvious exceptions to the exhaustion requirement——the situation where
the effort to proceed formally with . . . administrative remedies would be wholly futile").
In this case, the balancing test described in McCarthy, in conjunction with
the principles of Coit Independence, favors judicial waiver of the exhaustion doctrine.
Although the four month delay before passage of the appropriation act may have been
reasonable, the indefinite delay imposed after its passage is unreasonable. BATF
concedes that it cannot state a date on which it will consider Rice's application, nor can
it even state whether it will ever consider his application. In fact, after Congress
enacted the appropriation act BATF notified Rice that, even if Congress removed the
restrictions currently imposed, he "would need to submit an updated application" to
restore his federal firearms privileges. App. at 32. BATF also clearly stated that it had
concluded its participation in this process and it is not preparing any further record that
would help the court in resolving this dispute.
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Nevertheless, this case poses a special problem. The initial determination
that Rice qualifies for relief from his firearm disability involves the exercise of BATF's
discretion and relies on BATF's expertise——two factors that favor strict application of
the exhaustion requirement. See McCarthy, 503 U.S. at 145 ("Exhaustion concerns
apply with particular force when the action under review involves exercise of the
agency's discretionary power or when the agency proceedings in question allow the
agency to apply its special expertise.") (citations omitted); McKart, 395 U.S. at 194 ("it is
normally desirable to let the agency develop the necessary factual background upon
which decisions should be based"). Were it not for the express authority section 925(c)
gives district courts to receive independent evidence when necessary to avoid a
miscarriage of justice, we would be hesitant to excuse exhaustion where, as here,
Congress has entrusted a decision to an agency under standards including one so
broad as ensuring the public interest.
With that said, however, it seems clear to us that Congress did not intend
to apply rigidly the doctrine of exhaustion of administrative remedies in this context
because it gave the district courts discretion to create or supplement the administrative
record when necessary to avoid a miscarriage of justice. What further part the agency
should play in the ongoing court proceedings if the district court decides that it is
necessary to receive independent evidence as to whether Rice has become fit for relief
from his firearms disability is not presently before us. In that respect the record is not
yet complete. We note, however, that the relevant provisions of the appropriation acts
do not seem to preclude the agency from presenting its views on the propriety of
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granting Rice's application on the record created in a judicial forum.
Against this backdrop, we can think of few administrative remedies that
would be more inadequate than the one presented by BATF. Indeed, little to no benefit
could be achieved by requiring further exhaustion. Therefore, under all these
circumstances, we hold that Rice need not exhaust administrative remedies to invoke
the judicial review provision of section 925(c). We thus will reverse the district court's
order dismissing Rice's statutory claim for lack of jurisdiction.
On remand, the district court should determine in the exercise of its sound
discretion whether the failure to admit Rice's evidence would result in a miscarriage of
justice. Following that initial decision, the district court should then decide, on the basis
of all the evidence before it, whether Rice has met his burden of showing he "will not be
likely to act in a manner dangerous to public safety and that the granting of the relief
would not be contrary to the public interest." Id.
Before ending our analysis, we believe that it is appropriate to comment
on some other issues that are likely to arise in the course of the proceedings on
remand. Though Rice's ignorance of section 922(g)(1)'s prohibition cannot excuse his
criminal violation of that section, it may be relevant to his fitness for relief under
section 925(c). Similarly, Rice's argument that his federal conviction for violation of
section 922(g)(1) is a nullity fails. See United States v. MacGregor,
617 F.2d 348 (3d
Cir. 1980) (affirming a conviction for possession of a firearm where the predicate federal
convictions were reversed on appeal after defendant's firearms conviction).
Nevertheless, this fact also may be relevant to Rice's claim for relief under section
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925(c). Finally, we are reminded that the Supreme Court has held that the right to
possess a firearm after a disabling conviction is a privilege, not a right. Lewis v. United
States, 445 U.S. 55 (1980). Thus, Rice bears a heavy burden in his attempt to support
his statutory claim.
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IV. Summary
We will summarily affirm the district court's grant of summary judgment in
favor of BATF on Rice's constitutional claims. With respect to Rice's statutory claim,
however, we hold: (1) the appropriation acts prohibiting BATF from expending funds to
process Rice's section 925(c) application for relief do not evidence an intent to repeal or
limit the district court's jurisdiction to review BATF's prolonged inaction on Rice's
section 925(c) application; hence, the district court should not have dismissed Rice's
petition for lack of subject matter jurisdiction; and (2) BATF's continuing inability to
process Rice's section 925(c) application constitutes an undue delay excusing Rice
from exhausting his administrative remedies that allows him to seek judicial review.
Accordingly, we will remand this case to the district court to determine in
the exercise of its sound discretion whether the facts Rice alleges indicate a potential
for a miscarriage of justice. If so, it should then permit Rice to submit additional
evidence of his fitness to have his firearms privileges restored and, thereafter, decide
whether Rice's application satisfies section 925(c)'s standards for restoration of a
convict's firearms privileges.
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V. Conclusion
The order of the district court dismissing this case is reversed, and the
case is remanded to the district court for further proceedings consistent with this
opinion.
Circuit Judge
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