context: The district court held that "the Secretary's refusal to entertain any applications for a permit during the past six years because Congress has precluded its use of funds to investigate or act upon such applications is unquestionably a de facto denial."
citation_a.signal: cf.
citation_a.identifier: 68 F.3d 702, 709
citation_a.parenthetical: holding that persons seeking restoration of federal firearms privileges "need not exhaust administrative remedies to invoke the judicial review provision of section 925(c
citation_a.sentence: See Bean v. United States, 89 F.Supp.2d 828, 837 (E.D.Tex.2000) (“[T]his Court holds that inaction by the ATF constitutes a defacto denial of an application such that a United States district court may consider a petition for judicial review of the denial.”); cf. Rice v. United States, Dep’t of Alcohol, Tobacco & Firearms, 68 F.3d 702, 709 (3d Cir.1995) (holding that persons seeking restoration of federal firearms privileges “need not exhaust administrative remedies to invoke the judicial review provision of section 925(c)”); Environmental Defense Fund, Inc. v. Hardin, 428 F.2d 1093, 1099 (D.C.Cir.1970) (“[W]hen administrative inaction has precisely the same impact on the rights of the parties as denial of relief, an agency cannot preclude judicial review by casting its decision in the form of inaction rather than in the form of an order denying relief.”).
citation_b.signal: see
citation_b.identifier: 89 F.Supp.2d 828, 837
citation_b.parenthetical: "[T]his Court holds that inaction by the ATF constitutes a defacto denial of an application such that a United States district court may consider a petition for judicial review of the denial."
citation_b.sentence: See Bean v. United States, 89 F.Supp.2d 828, 837 (E.D.Tex.2000) (“[T]his Court holds that inaction by the ATF constitutes a defacto denial of an application such that a United States district court may consider a petition for judicial review of the denial.”); cf. Rice v. United States, Dep’t of Alcohol, Tobacco & Firearms, 68 F.3d 702, 709 (3d Cir.1995) (holding that persons seeking restoration of federal firearms privileges “need not exhaust administrative remedies to invoke the judicial review provision of section 925(c)”); Environmental Defense Fund, Inc. v. Hardin, 428 F.2d 1093, 1099 (D.C.Cir.1970) (“[W]hen administrative inaction has precisely the same impact on the rights of the parties as denial of relief, an agency cannot preclude judicial review by casting its decision in the form of inaction rather than in the form of an order denying relief.”).