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McHUGH v. RUBIN

No. 99-6274.

220 F.3d 53 (2000)

Dennis McHUGH, Plaintiff-Appellee, v. Robert RUBIN, Secretary of the Department of the Treasury, and The Bureau of Alcohol, Tobacco and Firearms, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: July 11, 2000

Attorney(s) appearing for the Case

Jerold Wolin, Wolin & Wolin, Jericho, NY, for Plaintiff-Appellee.

Thomas M. Bondy, Department of Justice, Washington, DC (David W. Ogden, Acting Assistant Attorney General, Washington, DC; Loretta E. Lynch, United States Attorney, and Carolyn Lisa Miller, Assistant United States Attorney, Brooklyn, NY; and Mark B. Stern, Department of Justice, Washington, DC, on the brief; Imelda M. Koett, Associate Chief Counsel, Bureau of Alcohol, Tobacco and Firearms, Washington, DC, of counsel), for Defendants-Appellants.

Before: CALABRESI and SACK, Circuit Judges, and CEDARBAUM, District Judge.

SACK, Circuit Judge:

This appeal requires us to determine whether recent congressional funding restrictions have effectively suspended the ability of the Bureau of Alcohol, Tobacco and Firearms (the "ATF") and the federal district courts to review applications by individuals for relief from federal firearms disabilities. The plaintiff, a convicted criminal, applied to the ATF for restoration of his federal firearms privileges pursuant to 18 U.S.C. § 925(c). The...

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