Drake v. United States
Opinion
Erik Drake appeals the district court’s granting of the United States’s motion to dismiss for lack of subject matter jurisdiction. The gist of Drake’s suit is that, despite his prior felony conviction, the district court should restore his right to legally possess a firearm. Drake was convicted of a federal felony in 1990. His restoration of his civil rights by the governor of Louisiana does not entitle him to possess a firearm. 18 U.S.C.A. § 922(g); Beecham v. United States, 511 U.S. 368, 114 S.Ct. *333 1669,128 L.Ed.2d 383 (1994). An administrative procedure has been provided for relief from the firearm disability, but Drake has not sought relief. 18 U.S.C. § 925(c). The court has no jurisdiction. United States v. Bean, 537 U.S. 71, 123 S.Ct. 584, 154 L.Ed.2d 483 (2002). To the extent Drake makes other claims over which the court might have jurisdiction, they have no merit.
AFFIRMED.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Reference
- Full Case Name
- Eric DRAKE, Plaintiff-Appellant v. UNITED STATES of America, Defendant-Appellee
- Cited By
- 1 case
- Status
- Unpublished