Monday, August 06, 2012

Federal firearms license revocation upheld

Borchardt Rifle Corp. v. Cook, 2012 WL 2775012 (7/10/12) (7/10/12) (Published) - There was enough evidence to support the revocation of the plaintiff's federal firearms license for a willful violation of the paperwork requirements. To be willful it is enough that the dealer acts recklessly or with plain indifference regarding known legal obligations. A dealer's repeated violations after being informed of the regulations and warned of violations shows the requisite mens rea. Here the 10th was not impressed with the dealer's argument that it didn't make that many mistakes because only 3 to 6 % of the blanks on the forms were incorrectly filled out. The 10th thought it was more significant that 90 % of the forms were completed incorrectly.