bhB-Ub'-2lW WU U^UB Pfl h F X NO. A P. lib DEPARTMENT OF THE TREASURY BUREAU OF ALCOHOL, TOBACCO AND FIREARMS WASHINGTON, D.C. 2 0 2 2 6 EXECUTIVE ASSISTANT O C T 9 2001 o <> << , u ^ L-Jli J Honorable John M. Shimkus Member of Congress 508 West Main Street Collinsville, Illinois 62234 Dear Mr. Shimkus: This is in response to your letter dated September 10, 2001, to the Bureau of Alcohol, Tobacco and Firearms (ATF) on behalf of your constituent, Mr. Cleo Wagner. Mr. Wagner has requested your assistance in obtaining restoration of his Federal firearms privileges as a result of his being denied a Firearms Owners Identification Card (FOID) by the State of Illinois . Under the provisions of the Gun Control Act of 1968 (GCA), convicted felons and certain other persons are prohibited from possessing firearms. (See 18 U.S.C. ? 922(g).) The GCA, however, provides the Secretary of the Treasury with the authority to grant relief from this disability where the Secretary determines that the person is not likely to act in a manner dangerous to the public safety. (See IS U.S.C. ? 925(c).) The Secretary delegated this authority to ATF. Since October 1992, however, ATF's annual appropriation has prohibited the expending of any funds to investigate or act upon applications for relief from Federal firearms disabilities. This restriction is located in Pub. L. No. 106-554, 114 Stat. 2763, which contains ATF's appropriations for fiscal year 2001. As long as this provision is included in ATF appropriations legislation, the Bureau cannot act upon applications for restoration of Federal firearms privileges that are submitted by individuals. FfcB-06-2002 WD 02:07 F h M FAX NO. H. O B - 2 - Honorable John M, Shimkus Furthermore, the restriction contained in Pub. L. No. 106-554 does not change Mr. Wagner's status as a prohibited parson. He is still prohibited from possessing, receiving, transporting, or shipping firearms under Federal law. Additionally, as Mr. Wagner is aware, the State of Illinois no longer issues FOID cards to any individual convicted of a Federal offense. It appears that your constituent was convicted of a Federal offense. Therefore, the only other procedure available at this time for restoration of Federal firearms privileges for a person convicted of such an offense would be to apply for a Presidential pardon. Sections 1.1 through 1.10 of the C.F.R., Title 28, specify the rules governing petitions for obtaining Presidential pardons. Mr. Wagner can contact the Pardon Attorney's Office at the U.S. D e p a r t m e n t o f Justice. 500 First Street. Washington, D C 2 0 5 30, to inquire about the necessary "pToc"S*dures ror obtaining a Presidential pardonT We hope this information is helpful in responding to your constituent. Please let me know if we can be of further assistance. Sincerely yours, Lewis P. Raden Executive Assistant to the Director Legislative Affairs l(Jt 003 J O H N M. SHIMiCJS 2 0 T H DISTRICT, ILLINOIS \ ,3Y AND COMMERCE COMMITTEE. SUBCOMMITTEES: ENVIRONMENT AND HAZARDOUS MATERIALS Vice CHAIRMAN E N E R G Y A N D AIR Q U A L I T Y TELECOMMUNICATIONS COMMERCE, TRADE, A N D C O N S U M E R PROTECTION BALTIC CAUCUS CO-CHAIRMAN 5 1 3 C A N N O N BUILDING WASHINGTON, DC 20515 (202) 2 2 5 - 5 2 7 1 3130_CHATOAM R D ,, SUITE C F ' [o p r Y " ; IL 6 2 7 0 4 (217H92+S096 C o n g r e s s of t f j e U n t t e t i s t a t e s ? House ot Eepresentattoetf Washington, ~BEUR 205X5-1320 5 0 8 W E S T M A I N STREET COLLINSVILLE, IL 6 2 2 3 4 FEB " 8(6iP"4poe|? | 221 EAST BROADWAY, SUITE 102 r- V -C;ENTRALIA7LL 6 2 8 0 1 !818)%3.2-3676 Www.house.gov/shimkus November 7, 2001 U.S. Department of ^ustice Congressional Liaison Office Main Justice Building, Room 1145 950 Pennsylvania Avenue NW Washington, DC 20530 Re: Dear Sir or Madam: Mr. Cleo Wagner, my constituent, has asked me to send his Petition for Pardon After Completing Sentence to your office for forwarding to the Office of the Pardon Attorney, in order that I may monitor his case. Please have someone on your staff investigate this matter and provide me with information, in order that I may respond to my constituent. If I can be of further assistance, please don't hesitate to contact me. Sincerely, Cleo Wagner c: n" John M. Shimkus Member of Congress JMS/dr Enc PRINTED ON RECYCLED PAPER rntf-uo-^uutf wtu U^:U4 F 1 P FAX NO. P, 01 CONGRESSMAN JOHN SHIMKUS 508 W e s t M a i n S t r e e t C o l l i n s v i l l e , I l l i n o i s 62234 (618) 344-3065 FAX: (618)344-4215 FAX COVER SHEET D a t e : C ~ Q3-- -- ? c d t r r r & - Offlce: J > Q j To: F a x Number: Ooc, ? S e n t From: o John Shimkus M e m b e r of C o n g r e s s Dora Rohan Executive Assistant Nate Newcomb District Aide o N u m b e r of P a g e s : (including cover p*ge) Deb Detmers District Director 1 1 o R << t h Buettner District Aide ~!"-g oj -j j jSteve Tomaszewski r Press Secretary | D o n n a Graham District Aide Intern Memo^ 2 <2>t the intended recipient, you are hereby notified that any disclosure, copy 'ngt distribution, &tr the taking of any action in reliance on the contents of this telecopied ir^foritaction is strictly prohibited. If you rvcxived this telecopy in error, please imfr&grdlately notify ous by telephone to arrange for return of the original document jo i&s, Tharh you- rhtJ-uts-^uu^ wtu Uid: Ub Pfl FX N . A O Congressman John Shimkus 20* Congressional District, Illinois PRIVACY ACT RELEASE Constituent Request for Sen/ice ConsentforRelease of Personal Records by Executive Agencies p - 03 I have sought assistance from Congressman Shimkus on a matter that may require the release of information maintained by your agency, and which may be prohibited from disseminating under the Privacy Act of 1974. I hereby authorize you to release all relevant portions of my records or to discuss problems in this case with Congressman Shimkus or any authorized member of his staff until this matter is resolved. Your name (please print):, / ~ 3X (Your Signature) (/ (Date of Birth) - b l H I o , - T l (Your Address, City. State, Zip code) g g (VA Claim #, if applicable) (Your Home Telephone # . if none, # where you could be reached.) S - % 3 - ? . o o ' (Date) Please provide an explanation of the matter you would like Congressman Shimkus to pursue. Please use the reverse side of this form or attach a separate piece of p^erj^ additional space is needed. Afcse? psf -1"1 co *4 /o>"TP~ h > ~ ~ . 6 I J w t ! t If possible, it would ba greatly appreciated if you would please provide copies of any correspondence from the agency involved in this matter. Please return this form to the designated office: 3130 Chatham Rd., Ste. C. Springfield, IL 52704 or fax to (217) 492-5096 )^508 W. Main Street, Collinsville, IL 52234 or lax to (518) 344-4215 fa 221 E. Broadway, Ste. 102, Centralis, IL 62801 orfax to (618) 532-9676 rtb-ua-^uu^ wtu u^:ub m hHX NU. P. U4 Dear Mr. President, I am submitting this Petition For Pardon After Completion of Sentence for your review. I hope you will consider my request and would like to tell you a little more about myself to help you with your decision. Since my conviction in 1979, I completed my sentence of probation with early release for good behavior and have maintained an unblemished record, I went on to become an elected official, Republican of course, as a Township Road Commissioner, Because of my hard work, ability to get along with the public, and my willingness to help others, I was recently elected to and am currently serving in my fourth term, I am a devoted family man who has been married to the same woman for the past forty years. We have raised two children, son and daughter. Both ars police officers and have dedicated their lives to helping others. I have two granddaughters that my wife and I ar_ trying to help our children raise with the same moral values we taught our children growing up. 1 have great respect for you and your father who have always stood by these moral values while leading our country. I completed my sentence and after the required time, applied for and received relief from the Illinois State Police granting me the right to cany a valid Illinois Firearm Owners Identification Card (FOID). 1 carried this card for many years until recent changes in the wording of the current law resulted in my FOID card privileges being revoked. I checked with the Illinois State Police and the Bureau of Alcohol, Tobacco, and Firearms and learned that under current law, I can only have my FOID card privileges reinstated if I received a full pardon. 1 am an avid pheasant and quail hunter, have been my entire life. My current situation makes it unlawful for me to hunt with afirearmor be in possession of one. I bad my children take myfirearmsso that I would not be in violation of the law. I am approaching my seventieth birthday and can tell I don't have very many hunting seasons left in me. I am submitting this petition so that my constitutional right to possess afirearmmight be reinstated. I ask that you review my request and grant me a pardon so I may continue the things I enjoy. Thank you for your time and consideration. Sincerely. Cleo Wagner U. S. Department of Justice Pardon Attorney Washington, D.C. 20530 HCR 1 1 2002 The Honorable John M. Shimkus Member, U.S. House of Representatives 508 West Main Street Collinsville, Illinois 62234 Dear Congressman Shimkus: We have received the copy of the petition for pardon after completion of sentence that you submitted by facsimile on behalf of your constituent, Cleo Wagner. Although this office does not ordinarily accept copies of clemency petitions, because of the considerable delays in receipt of mail due to the anthrax situation, I am pleased to accept the copy you provided as an original. We have opened a clemency file for Mr. Wagner, and will be in touch with him directly concerning additional information that may be required or helpful in the near future. If the Postal Service should return the original copy of Mr. Shimkus' petition to your office, it would be of assistance if your staff could forward it to this office. Thank you for your interest in this matter. Sincerely, . C_ Roger C. Adams Pardon Attorney U. S. Department of Justice Pardon Attorney Washington. D.C. 20530 jun - 7 2002 The Honorable John M. Shimkus U. S. House of Representative Washington, D.C. 20515 Dear Congressman Shimkus: I write regarding the petition for presidential pardon that your staff forwarded to this office from your constituent, Mr. Cleo Wagner. Mr. Wagner's pardon application has been filed and is being processed. The executive clemency process frequently is lengthy, and we can give no estimate as to when the President will act upon any particular clemency request. Although we are thus unable to advise you when Mr. Wagner may expect to receive a decision concerning his application, please be assured that he will be notified promptly when final action has been taken. Thank you for your interest in this matter. Sincerely, Roger C. Adams Pardon Attorney I JOHN M. SHIMKUS V 19TH o?* H- n 3 1 3 0 C H A T H A M ROAD, SUITE C SPRINGFIELD, IL 6 2 7 0 4 (217) 4 9 2 - 5 0 9 0 DISTRICT, ILLINOIS 5 1 3 C A N N O N HOUSE OFFICE B U I L D I N G WASHINGTON, D C 2 0 5 1 5 (202)225-5271 C o n g r e ^ of t f ) t B n t t e t i S t a t e s ! of IXepre^entattbes! itefnngton, 5BC 20515-1319 / 5 0 8 W E S T M A I N STREET COLLINSVILLE, IL 6 2 2 3 4 (618) 3 4 4 - 3 0 6 5 ENERGY A N D C O M M E R C E COMMITTEE SUBCOMMITTEES: ENERGY A N D AIR Q U A L I T Y VICE CHAIRMAN HEALTH TELECOMMUNICATIONS A N D THE INTERNET COMMERCE, TRADE, A N D C O N S U M E R PROTECTION BALTIC C A U C U S CO-CHAIRMAN 2 2 1 EAST BROADWAY, SUITE 1 0 2 CENTRALIA, IL 6 2 8 0 1 (618)532-9676 CITY H A L L , R O O M 1 2 1 1 0 EAST LOCUST HARRISBURG, IL 6 2 9 4 6 (618) 2 5 2 - 8 2 7 1 1 2 0 S O U T H FAIR STREET OLNEY, IL 6 2 4 5 0 (618)392-7737 August 26, 2004 www.house.gov/shimkus U. S. Dept. of Justice Office of Legislative Affairs Main Justice Building,Room 1145 950 Pennsylvania Avenue NW Washington, DC 20530 Dear Sir/Madam: Thank you for your letter of June 7, 2002 regarding the petition for presidential pardon for Mr. Cleo Wagner. Mr. Wagner has again contacted me and asked that I follow-up with your Pardon Attorney to see if there is any foreseeable conclusion to this matter. Mr. Wagner is now suffering from his second bout with cancer, and is concerned that the pardon issue will not be addressed soon. Please understand that I am not asking for this matter to be expedited, only if there is a possibility of informing Mr. Wagner of a possible outcome date. If I can be of further assistance, please don't hesitate to contact me. Sincer KUS of Congress JMS:dr 3 o ot2 m c/> rnrn TJ o-O o>< ~X3 --(zo ~o rn 11 *o j o >> ir~3R- ?=< rn o C D -Cl P R I N T E D ' O N RECYCLED PAPER U. S. Department of Justice Pardon Attorney Washington, D.C. 20530 S E P 2 3 2 0 0 4 The Honorable John M. Shimkus Member, U.S. House of Representatives 508 West Main Street Collinsville, IL 62234 Dear Congressman Shimkus: This responds to your letter of August 26, 2004, concerning the pardon application filed by your constituent, Cleo Pfieffer Wagner. Mr. Wagner's pardon petition remains under review. We will find your letter useful in considering the case and will make it part of his clemency file. The processing time for a pardon application can be lengthy, and we can give no assurance that final action will be taken by the President within a particular time frame. Accordingly, we are unable to advise you when you may expect a decision on Mr. Wagner's application. He will be notified promptly, however, when a final decision is made. We appreciate your interest in this matter. Sincerely, C Roger C. Adams Pardon Attorney (3 it'' ! JOHN ivl. SHIMKUS 2 0 T H DISTRICT, I L U N O I S ENERGY AND COMMERCE COMMITTEE /, ofr/ /S J J S 5 1 3 C A N N O N BUILDING WASHINGTON, D C 20515 (2021 2 2 5 - 5 2 7 1 3 1 3 0 CHATHAM RD., SUITE C S BO MTE: UC M I ES T ENVIRONMENT AND HAZARDOUS MATERIALS Congress of tfje ttattefc states? o t &epregmtatfoesi SSasiftinstoit, 5DC 20515-1320 SPRINGFIELD, IL 6 2 7 0 4 (217)492-5090 ^ o 5 0 8 W E S T MAIN STREET COLUNSVILLE, IL 6 2 2 3 4 (618) 3 4 4 - 3 0 6 5 2 2 1 EAST BROADWAY. SUITE 102 CENTRALIA, I L 6 2 8 0 1 (618) 5 3 2 - 9 6 7 6 Ve OR A i viMW c A ENERGY A N D AIR Q U A L I T Y TELECOMMUNICATIONS COMMERCE, TRADE, A N D CONSUMER PROTECTION 8ALT1C C A U C U S CO-CHAIRMAN www.house.govteh>>mkus January 19, 2002 U.S. Department of Justice Congressional Liaison Office Main Justice Building, Room 1145 950 Pennsylvania Avenue NW Washington, DC 20530 RE: George H. Huber SSN B6 Dear Sir or Madam: Mr. George H. Huber, my constituent, contacted ine regarding his desire to receive a Presidential Pardon for a firearms related incident. I have enclosed a copy of his privacy act release form, along with narrative provided by him. Please have someone on your staff investigate this matter and provide me with information, in order that I may respond to my constituent If I can be of further assistance, please don't hesitate to contact me. Sincerely, N ember of Congress * JMS/dr PRINTED ON RECYCLED PAPER r o ,/ uo Ltv J > i ' // 3 Pardon Attorney Washington, D.C. 20530 M Y 2 8 2002 A The Honorable John M. Shimkus U.S. House of Representatives Washington, DC 20515-1320 Dear Congressman Shimkus: This responds to your letter of January 19, 2002, forwarding correspondence from your constituent, Mr. George H. Huber, who writes to request assistance in obtaining a presidential pardon. I apologize for the delay in responding. Your correspondence appears to have been delayed due to the ongoing security issues with government mail and was just received in our office on May 14, 2002. After reviewing information pertaining to Mr. Huber's sentencing and his correspondence, it appears that he is not yet eligible to apply for a presidential pardon. Under Section 1.2 of the "Rules Governing Petitions for Executive Clemency" (copy enclosed), a waiting period of at least five years after release from confinement (to include home detention) (or conviction, if no confinement was served), is required before an individual becomes eligible to apply for a pardon. If this matter is brought to the attention of this office after the eligibility requirements have been met, the necessary forms and instructions will be provided. In the meantime, you may wish to provide to Mr. Huber for his review the enclosed "Information and Instructions on Pardons." While a presidential pardon will restore civil rights lost because of a federal felony conviction, Mr. Huber should be aware that pardons are not routinely granted. Thank you for your interest in clemency matters. Sincerely, Roger C. Adams Pardon Attorney Enclosures