Explore The NRA Universe Of Websites

APPEARS IN News

N.C. Gun Stores Beat BATFE

Friday, November 21, 2008

Untitled Document

N.C. Gun Stores Beat BATFE

In an all-too-rare court victory, a pair of North Carolina gun stores has defeated an attempt by the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) to revoke the stores’ federal dealers’ licenses. The win came in a Sept. 16 opinion by Senior U.S. District Judge Malcolm J. Howard of the Eastern District of North Carolina.

The two stores, Jim’s Gun Jobbery in Fayetteville and Jim’s Pawn & Gun in Wilmington, are owned by the same family, and the Fayetteville store is the largest gun store in North Carolina. BATFE began revocation proceedings in 2004, even though a 2001 BATFE “warning letter” commended one of the stores for its “concerted effort to comply with the laws and regulations.”

After reviewing BATFE’s decision, Judge Howard found that record keeping errors by the stores “do not constitute the type of ‘conscious, intentional, deliberate, [and] voluntary’ actions that are deemed willful.” Since a dealer’s license can only be revoked for “willful” violations, the bureau “was without authority to revoke [the stores’] licenses.”

Since a dealer’s license can only be revoked for “willful” violations, the bureau “was without authority to revoke [the stores’] licenses.”

Attorney Richard E. Gardiner, who represented the two stores, commented, “We were pleased that Judge Howard took the time to understand that Congress meant what it said when it authorized license revocations only when violations of the regulations were willful and rejected BATFE’s argument that simply repeating a human error in a minuscule number of instances was enough to revoke a license.”

In fact, Judge Howard found that the stores’ efforts to improve their records showed “a conscious effort to comply with the [Gun Control Act].” The judge pointed to the stores’ employee training programs and operating procedures as evidence that these were law-abiding businesses. Storeowner James Faircloth noted, “As a small business, we have always worked diligently to comply with the complex regulations and requirements of the BATFE. It has always been, and remains, our top priority to ensure that we have complete and accurate firearms records. We believe these efforts were recognized by the judge and provided the foundation for his decision in our case.”

The case also sheds light on anti-gun groups’ favorite talking point about “missing guns.” For example, one anti-gun website called Jim’s a “rogue dealer” that had been “bleeding guns illegally for 10 years.”

But Judge Howard’s review told a different story. The judge noted that in BATFE’s 2004 inspection of the Fayetteville store, the agency found 230 “open dispositions” out of more than 129,000 guns acquired. While anti-gunners would spin these as “missing guns,” a closer review showed that 68 of the guns were actually still in the store. Most of the others had been mistakenly entered twice in the store’s acquisition records, sent to manufacturers for repair, returned to customers, or were otherwise properly accounted for.

Overall, in fact, the stores’ record keeping compared favorably to that of BATFE itself. The bureau reported 76 guns and 418 laptop computers missing in a recent audit by the Justice Department’s Office of Inspector General. The injustice of a troubled agency trying to hold dealers to a higher standard than it applies to itself only demonstrates the need to pass a comprehensive reform bill, such as H.R. 4900 in the current Congress (see “Time to Stop BATFE Abuses,” April 2008).

TRENDING NOW
Illinois “Parking Lot Law” Shields Employee from Termination

News  

Friday, October 19, 2018

Illinois “Parking Lot Law” Shields Employee from Termination

A federal appeals court recently upheld a labor arbitrator’s decision concluding that, in light of the state’s concealed carry law, an employer had improperly fired an employee for violating the company’s weapons policy. The case, Ameren ...

Show-Me State Sham: Sen. McCaskill Cons Missouri Voters on Guns

News  

Friday, October 19, 2018

Show-Me State Sham: Sen. McCaskill Cons Missouri Voters on Guns

It appears Sen. Claire McCaskill (D-Mo.) forgot she represents the Show-Me State. Missouri’s nickname derives from its residents’ healthy skepticism – especially for politicians and their “frothy eloquence.” Rather than take someone’s word for something, ...

You Can’t Make This Stuff Up:  Brooklyn Area Witches Unite to “Take Down” People “In Charge,” Hurl Curses at Justice Kavanaugh

News  

Friday, October 19, 2018

You Can’t Make This Stuff Up: Brooklyn Area Witches Unite to “Take Down” People “In Charge,” Hurl Curses at Justice Kavanaugh

Well, Samhain is approaching, and if you’re familiar with the wing of the extreme Left that also identifies as witches and warlocks, that can only mean one thing: more politically-inspired attempts at paranormal activity! We ...

For Levi’s, Freedom isn’t Fashionable

News  

Friday, October 19, 2018

For Levi’s, Freedom isn’t Fashionable

Americans eager to take political direction from a multinational pants manufacturer were in luck this week. On Tuesday, PRWeek, a public relations trade publication, published an interview with Levi Strauss & Co. Chief Communications Officer Kelly McGinnis and ...

What Happens if our Opponents Take the U.S. House?

News  

Thursday, September 20, 2018

What Happens if our Opponents Take the U.S. House?

There is no question that our liberties are at stake on November 6th. The Democrat leadership in the U.S. House of Representatives has become completely radicalized when it comes to the Second Amendment. Our constitutional ...

Poll: Most Americans Oppose Ban on “America’s Rifle”

News  

Friday, October 19, 2018

Poll: Most Americans Oppose Ban on “America’s Rifle”

This week, Gallup released the results of a poll which included a finding that should surprise no one: Americans oppose a ban on AR-15s and similar semiautomatic firearms by robust a margin of 17%. Meanwhile, current support ...

President’s Column | Your Vote Outweighs Their Millions: Make Your Voice Heard Nov. 6

News  

Wednesday, October 17, 2018

President’s Column | Your Vote Outweighs Their Millions: Make Your Voice Heard Nov. 6

My fellow NRA members, we stand at the edge of the precipice of one of the most important elections of our lives. That is the reality we face, and we face it just days from ...

Levi’s Teams with Billionaire Michael Bloomberg to Attack Gun Rights

News  

Friday, September 7, 2018

Levi’s Teams with Billionaire Michael Bloomberg to Attack Gun Rights

Levi Strauss & Co. established its brand in the mid-19th century by selling durable clothing to working-class Americans. As Levi’s signature jeans gained popularity amongst a wider set in the middle of the last century, ...

Who’s BS’ing Now? Gonzalez Argues for Gun Confiscation but Insists She’s “Pro Second Amendment”

News  

Friday, October 12, 2018

Who’s BS’ing Now? Gonzalez Argues for Gun Confiscation but Insists She’s “Pro Second Amendment”

Gun control advocates are constantly looking for the right messenger to push an agenda that boils down to law-abiding Americans giving up their freedoms, their security, and their property without expectation of affecting the behavior ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.