Caruso v. U.S. Bureau of Alcohol, Tobacco & Firearms

MEMORANDUM

Defendant-Appellant the Bureau of Alcohol, Tobacco, and Firearms (“ATF”) appeals the district court’s grant of summary judgment in favor of Plaintiff-Appellee Louis Caruso (“Caruso”) in an action brought under the Freedom of Information Act (“FOIA”). This court has jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse.

Caruso is the former owner of Valiant Firearms (“Valiant”), located in Cottage Grove, Oregon. Caruso previously owned Valiant with his wife Carol Caruso. Through the instant FOIA action, Caruso seeks: (1) “[acquisition and disposition] books pertaining to Valiant Firearms; (2) all federal 4473 seller firearms forms pertaining to himself or to Valiant Firearms; (3) all [National Firearms Act] forms 3 and 4, detailing transfer of machine guns pertaining either to himself or to Valiant Firearms; and (4) any and all gunsmith books detailing weapons submitted, traded or exchanged for repairs pertaining either to himself or to Valiant Firearms.”

The ATF failed to timely respond to Caruso’s FOIA request. Caruso then brought suit in the Oregon federal district court to compel disclosure of the records he seeks. The district court, ruling on grounds not…