The General Store v. Van Loan

Good Law
United States Court of Appeals for the Ninth CircuitMarch 31, 200907-35417California3,174 words

Opinion

Opinion

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, fire- arms 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, ship- ment, receipt, sale, or other disposition of firearms at [the] place of business for such period, and in such form, as the Attorney General may by regulations prescribe.” 18 U.S.C. § 923(g)(1)(A). The regulations, in turn, prescribe that licensed firearms dealers must “enter into a record each receipt and disposition of firearms.” 27 C.F.R. § 478.125(e). The regulations include a form for the record—commonly called an Acquisition and Disposition Record—that requires specific information be gathered and recorded. See id. Sec- ond, licensed firearms dealers may not conduct transactions that violate state law. 18 U.S.C. § 922(b)(2). For example, Washington law requires that firearms…

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