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U.S. District Judge Larry Alan Burns has told former Congressmember Randy "Duke" Cunningham, now in prison, that he can't have a gun when he gets out. In a letter filed with the court this month, Judge Burns says he has no authority to restore Cunningham's legal right to possess firearms. The former Congressmember had written Burns saying that on his release from prison he would like to hunt and compete in trap and sport shooting contests. However, under the Gun Control Act of 1968, a person convicted of an offense punishable by more than one year in custody cannot possess firearms and ammunition, wrote Burns, and "there is neither a hunting nor sport shooting exemption to the federal gun ban." The judge told Cunningham that his only avenue would be to apply to the Secretary of the Treasury for relief from the federal firearm ban.
U.S. District Judge Larry Alan Burns has told former Congressmember Randy "Duke" Cunningham, now in prison, that he can't have a gun when he gets out. In a letter filed with the court this month, Judge Burns says he has no authority to restore Cunningham's legal right to possess firearms. The former Congressmember had written Burns saying that on his release from prison he would like to hunt and compete in trap and sport shooting contests. However, under the Gun Control Act of 1968, a person convicted of an offense punishable by more than one year in custody cannot possess firearms and ammunition, wrote Burns, and "there is neither a hunting nor sport shooting exemption to the federal gun ban." The judge told Cunningham that his only avenue would be to apply to the Secretary of the Treasury for relief from the federal firearm ban.