Kegler v. U.S. Dept. of Justice, 06-CV-9-J.

Citation436 F.Supp.2d 1204
Decision Date27 June 2006
Docket NumberNo. 06-CV-9-J.,06-CV-9-J.
PartiesChristopher KEGLER, Plaintiff, v. UNITED STATES DEPARTMENT OF JUSTICE, and Bureau of Alcohol, Tobacco, Firearms and Explosives, Defendants.
CourtU.S. District Court — District of Wyoming

W. Thomas Sedar, Casper, WY, for Plaintiff.

Alexander K. Haas, Department of Justice, Civil Division, Washington, DC, Carol A. Statkus, U.S. Attorney's Office, Cheyenne, WY, for Defendants.

OPINION AND ORDER REGARDING DEFENDANTS' MOTION TO DISMISS

ALAN B. JOHNSON, District Judge.

The above-captioned matter comes before the Court on the Defendants' Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1) and (6). The Plaintiff, Christopher Kegler, has resisted all aspects of this motion, timely filing a response brief on April 24, 2006. That brief was replied to by the Defendants on May 12, 2006. After careful consideration of the motion, briefs and governing authorities, and being otherwise fully advised in the premises, the Court FINDS and ORDERS as follows:

Background

In this declaratory judgment action, the Court is asked to probe longstanding constitutional and prudential limitations on its own power, as well as modern statutory limitations on the right of a Wyoming citizen, Christopher Kegler, to possess and carry firearms. A finding of justiciability will set in motion a detailed inquiry into nothing less than the proper balance of legislative power in our federal system. Should the Court lack constitutional authority to adjudicate this issue, however, Mr. Kegler's declaratory remedy will vanish, rendering the federalism question academic.

In 1996, Congress approved, and President Clinton signed into law, a number of amendments to the Gun Control Act of 1968(GCA). See 18 U.S.C. §§ 921-930. Among them was an amendment sponsored by New Jersey Senator Frank Lautenberg, which as codified provides that "[i]t shall be unlawful for any person . . . who has been convicted in any court of a misdemeanor crime of domestic violence, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce." Id. § 922(g)(9).

On September 27, 2001, the Plaintiff, Christopher Kegler, was convicted of simple assault and battery in a Wyoming state court. Mr. Kegler's conviction constituted a domestic violence misdemeanor under the Family Violence Protection Act, Wyo. Stat. Ann. § 6-2-501, resulting in six months of supervised probation and a federal firearms disability under 18 U.S.C. § 922(g)(9). Upon completing his term of probation, Mr. Kegler petitioned the Circuit Court of the Seventh Judicial District of Wyoming to have his record "expunged" pursuant to newly-enacted Wyoming Statute § 7-13-1501. This petition was granted over the State of Wyoming's objection on June 29, 2005.

While Mr. Kegler's limited expungement petition was pending, several discussions were held between the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Wyoming Attorney General's Office regarding the federal effect of "expungements" under Wyo. Stat. § 7-13-1501. Portions of this discussion were memorialized in an August 6, 2004 letter from ATF Special Agent Lester D. Martz to Wyoming Attorney General Patrick J. Crank, setting forth ATF's opinion that expungements under Wyo. Stat. § 7-13-1501 would have "[no] effect whatsoever on Federal law." ATF Letter of August 6, 2004, at 1. This letter encouraged the Attorney General to communicate "to any interested parties" ATF's opinion that beneficiaries of such expungements would continue to be prohibited by 18 U.S.C. § 922(g)(9) from shipping, transporting, receiving or possessing firearms and ammunition in or affecting interstate commerce. Id. at 3. But when all was said and done, more was said than done. The record is devoid of evidence that the Wyoming Attorney General's Office or the United States Attorney's Office contacted Mr. Kegler or otherwise complied with ATF's requests.

On January 9, 2006, Mr. Kegler filed suit against the Defendants seeking a declaratory judgment regarding the impact of the Lautenberg Amendment and related GCA provisions to the firearms restoration rights provided by Wyo. Stat. § 7-13-1501. According to Mr. Kegler, this Complaint involves the above-mentioned "legal interpretation[,] which could affect the rights of Plaintiff as well as other Wyoming residents who have had their records expunged pursuant to Wyo. Stat. Ann. § 7-13-1501." Amended Complaint, at 2, ¶ 5. Mr. Kegler deems this declaration of rights imperative, as he "seeks to obtain and possess a firearm but would risk imminent prosecution under 18 U.S.C. § 922(g)(9), pursuant to the terms of the [ATF] letter." Id. at 3, ¶ 12. Accordingly, Mr. Kegler asks this Court to "enter judgment declaring that Wyo. Sta[t]. Ann. § 7-13-1501 validly removed [his] firearm disability for purposes of 18 U.S.C. § 921(a)(33)([B])(ii)." Id., at Prayer ¶ 1.

The Defendants vigorously oppose this request on two grounds. First, characterizing Mr. Kegler's challenge as hypothetical, the Defendants contend that Mr. Kegler lacks standing to prosecute this claim and as a result, this Court lacks jurisdiction to hear it.1 Second, the Defendants argue that because Wyo. Stat. § 7-13-1501 does not expunge Mr. Kegler's conviction for purposes of the GCA, Mr. Kegler has failed to state a claim upon which relief can be granted. Mr. Kegler has not been arrested, charged or prosecuted for violating 18 U.S.C. § 922(g)(9), thus his claim constitutes a pre-enforcement challenge.

Standards of Review
I. Fed.R.Civ.P. 12(b)(1)

This Court, as a court of limited jurisdiction, is ever cognizant of its duty to avoid deciding what it has no authority to decide. Affirmatively speaking, constitutional and statutory authority are required in order to adjudicate a case, should one even exist. Estate of Harshman v. Jackson Hole Mountain Resort Corp., 379 F.3d 1161, 1164 (10th Cir.2004). Judgments rendered by a court lacking such authority are void. Cf. Whitmore v. Arkansas, 495 U.S. 149, 155-56, 110 S.Ct. 1717, 109 L.Ed.2d 135 (1990) ("A federal court is powerless to create its own jurisdiction by embellishing otherwise deficient allegations of [justiciability]."). "Article III of the Constitution limits the power of federal courts to deciding `cases' and `controversies,'" Diamond v. Charles, 476 U.S. 54, 61, 106 S.Ct. 1697, 90 L.Ed.2d 48 (1986), and "it is well established that the parties `may not by stipulation invoke the judicial power of the United States in litigation which does not present an actual "case or controversy."` " Harshman, 379 F.3d at 1164 (quoting Sosna v. Iowa, 419 U.S. 393, 398, 95 S.Ct. 553, 42 L.Ed.2d 532 (1975)).

Because questions of standing and ripeness concern this Court's subject matter jurisdiction under the case or controversy clause of Article III, such issues are properly raised in a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(1). New Mexicans for Bill Richardson v. Gonzales, 64 F.3d 1495, 1498-99 (10th Cir.1995).2 Subject matter jurisdiction involves a court's power, not merely its right to hear a case, and thus can be neither forfeited nor waived. Steel Co. v. Citizens for Better Environment, 523 U.S. 83, 89, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998). "It is the burden of the complainant to allege facts demonstrating the appropriateness of invoking judicial resolution of the dispute." New Mexicans for Bill Richardson, 64 F.3d at 1499. Lack of such proof will result in dismissal without prejudice. Brereton, v. Bountiful City Corp., 434 F.3d 1213, 1216 (10th Cir.2006). Justiciability "cannot be inferred argumentatively from averments in the pleadings, but rather must affirmatively appear in the record." FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 231, 110 S.Ct. 596, 107 L.Ed.2d 603 (1990) (internal quotations omitted). The Court will treat as true all nonconclusory allegations of the complaint and, in construing statements made in affidavits, will afford the complaining party the benefit of any factual doubts. Warth v. Seldin, 422 U.S. 490, 501, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975); D & F Afonso Realty Trust v. Garvey, 216 F.3d 1191, 1194 (D.C.Cir. 2000).

II. Fed.R.Civ.P. 12(b)(6)

A federal district court may dismiss a cause of action for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6) only when it appears beyond a doubt that the plaintiff can prove no set of facts that would entitle him to relief. Garcia v. Lemaster, 439 F.3d 1215, 1217 (10th Cir. 2006). The district court must treat the nonmoving party's allegations as true and must liberally construe those allegations in a light most favorable to that party. Moore v. Guthrie, 438 F.3d 1036, 1039 (10th Cir.2006). Conclusory allegations need not and will not be similarly treated, nor will arguments that extend beyond allegations contained in the complaint. Bauchman v. West High Sch., 132 F.3d 542, 550 (10th Cir.1997). The district court may not weigh the evidence, ponder factual nuances, or determine which party will ultimately prevail; rather, the issue is whether the facts alleged in the plaintiffs well-pleaded complaint, accepted as true, are sufficient to state a claim upon which relief can be granted. Sutton v. Utah State Sch. for the Deaf and Blind, 173 F.3d 1226, 1236 (10th Cir.1999).

Discussion
I. Justiciability
A. Standing and Ripeness: An Overview

At an irreducible constitutional minimum, a plaintiff must satisfy three criteria in order to establish a "case or controversy" capable of resolution by this Court. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992). This so-called "standing" requirement of Article III requires that a litigant suffer an "injury in fact" that is fairly traceable to the action of the defendant and likely to be redressed by a favorable...

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