Justia Corporate Compliance Opinion Summaries

Articles Posted in US Court of Appeals for the Tenth Circuit
CEW Properties, Inc. was a firearms dealer licensed by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”). In 2017, the ATF conducted a compliance inspection of CEW. Inspectors found that CEW had failed to: (1) record properly the acquisition and disposition of firearms; (2) conduct background checks on transferees; and (3) complete correctly the ATF form that documents the transfer of a firearm. The inspection discovered hundreds of violations. ATF therefore issued a notice to revoke CEW’s license. CEW requested a hearing, stipulating to the violations but arguing they were not “willful.” Following the hearing, ATF issued a final notice of revocation. CEW sought judicial review in district court. The court found the violations to be willful and granted summary judgment for ATF. CEW contested the district court’s finding that its violations of the Gun Control Act were “willful.” Because there was no genuine dispute the evidence was sufficient for ATF to conclude that CEW willfully violated firearms regulations, the Tenth Circuit Court of Appeals affirmed. View "CEW Properties v. U.S. Department of Justice" on Justia Law