National Lending Group, LLC v. Eric H. Holder Jr.

MEMORANDUM

National Lending Group, LLC (“National Lending”) and Millennium Banc, Ltd. (“Millennium”), which are or were engaged in the pawnbroker business, appeal from the district court’s grant of summary judgment concluding that, due to willful violations of the Gun Control Act of 1968 (“GCA”) and related regulations by National Lending and Millennium (collectively, “Licensees”), the Attorney General was authorized to revoke certain Federal Firearms Licenses (“FFLs”) and deny applications for other FFLs. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the district court’s decision.

The GCA authorizes the Attorney General, “after notice and opportunity for hearing,” to revoke a FFL if the licensee “has willfully violated” any provision of the GCA or the regulations promulgated thereunder. 18 U.S.C. § 928 (e). Willful violation is also a basis for the Attorney General to deny an application for a FFL. Id. § 923(d)(1)(C). An aggrieved party may file a petition with the district court for the district in which the party resides or does business, seeking de novo judicial review. Id. § 923(f)(3). The district court may “consider any evidence submitted by the parties to…