J & G Sales Ltd v. Carl J. Truscott, Director, Bureau of Alcohol, Tobacco, Firearms and Explosives

The Bureau of Alcohol, Tobacco, Firearms, and Explosives appeals from the district court’s grant of summary judgment holding that the Bureau lacks authority to issue a letter requiring a small percentage of licensed firearms dealers to submit portions of their records relating to secondhand firearms. Because we find that the Bureau acted within its statutory authority under 18 U.S.C. § 923 (g)(5)(A), we reverse the district court’s grant of summary judgment. We affirm, however, the district court’s determination that the Bureau did not act in an arbitrary and capricious fashion in deciding which dealers should receive the disputed letter.

I.

The Gun Control Act of 1968, 18 U.S.C. § 921 et seq., requires persons wishing to “engage in the business of importing, manufacturing, or dealing in firearms” to apply for and obtain a license from the Bureau of Alcohol, Tobacco, Firearms, and Explosives. 18 U.S.C. § 923 (a). Successful ap plieants, known as federal firearms licensees (“FFLs”), must create and maintain detailed records documenting the firearms transactions that they conduct. When FFL dealers receive a firearm they must record “the date of receipt, the name and address or the…