The General Store, I v. Van Loan

Good Law
551 F.3d 1093·2008 WL 5412911·2008 U.S. App. LEXIS 26946
United States Court of Appeals for the Ninth CircuitDecember 31, 200807-35417California2,806 words

Opinion

Opinion

McKEOWN, J.

The General Store appeals the district court’s grant of summary judgment upholding the revocation of The General Store’s federal firearms dealer license for willful violations of federal and state firearms laws. This appeal gives us occasion, following the Supreme Court’s decision in Safeco Insurance Company of America v. Burr, 551 U.S. 47 , 127 S.Ct. 2201 , 167 L.Ed.2d 1045 (2007), to consider the definition of “willfully” in the Gun Control Act of 1968, codified at 18 U.S.C. §§ 921-930 . We hold that the violations were willful and therefore affirm the revocation of The General Store’s federal firearms license.

Background

The General Store is an aptly named retailer in Spokane, Washington. The General Store maintains a federal firearms dealers license in order to sell, among its many wares, firearms and ammunition.

The Gun Control Act of 1968 and related regulations impose certain requirements on federal firearms licensees. Two provisions are pertinent to this appeal. First, the Gun Control Act specifies record keeping requirements, including maintaining “such records of importation, production, shipment, receipt, sale, or other disposition of firearms at [the] place of…

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