It must be hard for someone used to power and privilege
not only to go to prison but then face a loss of rights upon their release.
Such is the case with former Congressman and current inmate Randy “Duke” Cunningham.
Next year, Cunningham will finish the 100 month sentence he’s serving for bribery, fraud
and other misdeeds committed while he served as part of California’s delegation
to the House of Representatives.
Cunningham, who had to forfeit a lavish home as part of his plea agreement, plans to live in a cabin in the Ozark Mountains after his release on June
4, 2013. Reflecting that choice of domicile, Mr. Cunningham would like to make generous
use of Second Amendment rights in order to provide both food and protection for
himself. As described in a letter he sent to the judge who sentenced him, Larry
Alan Burns, “[Cunningham] will live in a very remote part of Arkansas and not
much threat from people but they do have a lot of black bears, cougars, and
history of rabies.” The problem, however, is that convicted felons like
Cunningham are generally prohibited from possessing firearms.
Cunningham, who despite the fact that he plead guilty
to the various offenses apparently sees his situation as a shameful example of
how the country treats veterans rather than the result of any misconduct on his
own part, wrote to Judge Burns to request permission to own and use guns after
his release. In a very thoughtful response, Judge Burns explained that he had
no authority to grant this request and went on to explain the avenues available
to inmate 94405198 and the obstacles he’s likely to face in a way that the
former congressman should appreciate more than most.
“You should be aware, however, that every year since
1992, Congress has refused to provide funding to the ATF to review applications
from the federal firearm ban. And the United States Supreme Court has ruled
that inaction by the ATF does not amount to “denial” of the application within
the meaning of section 925(c) United States v. Bean 537 US 71, 75 (2002). So
unless Congress changes course and decides to fund ATF’s review of applications
for relief, it appears you are stuck.”