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United States v. Bean October 16, 2002 (01-704) return to case listing Case Summary Bean, a licensed firearms dealer, was convicted of a felony and prohibited from possessing firearms under the Federal Firearms Act. Federal law also provides that the Secretary of the Treasury, acting through the Bureau of Alcohol, T obacco, and Firearms (ATF), may grant relief from that prohibition if it is established to his satisfaction that certain preconditions are established. Bean petitioned the ATF for such relief so that he might return to his business. Since 1992, however, every appropriations law for ATF has specified that the ATF may not expend any appropriated funds to act upon applications for such relief. The Fifth Circuit held that Congress' failure to appropriate funds to review such applications did not suspend th e federal law providing for relief, and that the district court could grant relief under 18 U.S.C. § 925 (c). The Fifth Circuit's opinion is found at 253 F.3d 234. To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 5-4 to Reverse 9-0 to Reverse 9-0 to Reverse n/a 9-0 to Reverse VOTING TO REVERSE Rehnquist O'Connor Scalia Kennedy Thomas Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer VOTING TO AFFIRM Stevens Souter Ginsburg Breyer   return to case listing