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
Gun Control “Journalist” Says the Quiet Part Out Loud

News  

Monday, September 8, 2025

Gun Control “Journalist” Says the Quiet Part Out Loud

Pure gun control. As in disarmament and banning of firearms. It’s rare that anti-gunners get straight to the exact point that we have been warning of for decades. 

The Desperate Deflection to the “Red State Murder Problem”

News  

Monday, September 8, 2025

The Desperate Deflection to the “Red State Murder Problem”

California Governor Gavin Newsom (D) may have thought he had scored against President Donald Trump in a recent war of words over rampant crime and the deployment of federal law enforcement agents to Democratic-led cities

Due Process: The Backbone of Legal Legitimacy

News  

Monday, September 8, 2025

Due Process: The Backbone of Legal Legitimacy

Close observers of the gun debate often see references to due process.

Illinois: Governor Signs Mandatory Firearm Storage Law

Wednesday, September 3, 2025

Illinois: Governor Signs Mandatory Firearm Storage Law

Earlier this month, Governor JB Pritzker signed Senate Bill 8 into law. This legislation imposes new mandatory firearm storage requirements on law-abiding gun owners.  

Third Circuit Strikes Some New Jersey Carry Restrictions in NRA Case

Thursday, September 11, 2025

Third Circuit Strikes Some New Jersey Carry Restrictions in NRA Case

Yesterday, the Third Circuit Court of Appeals issued an opinion in Siegel v. Platkin, striking some of the carry restrictions New Jersey enacted in response to the NRA’s landmark Supreme Court victory, New York State Rifle & ...

Update: North Carolina House Reschedules Veto Override Vote

Tuesday, August 26, 2025

Update: North Carolina House Reschedules Veto Override Vote

Today, the House rescheduled the veto override vote on Senate Bill 50, Freedom to Carry NC, to Monday, September 22. 

Colorado: CSSA Files Suit Challenging "Polis Permission Slip" Permit-to-Purchase Law

Tuesday, September 9, 2025

Colorado: CSSA Files Suit Challenging "Polis Permission Slip" Permit-to-Purchase Law

Last week, the Colorado State Shooting Association (CSSA), the official state affiliate of NRA, filed a lawsuit challenging Senate Bill 25-003...

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Monday, July 7, 2025

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Governor Ron DeSantis recently signed the Florida Budget for Fiscal Year 2025–2026, which includes a Second Amendment sales tax holiday from September 8 through December 31, 2025. The NRA is thankful for Governor DeSantis’ strong ...

Grassroots Spotlight: Oklahoma Rifle Association Annual State Convention

Take Action  

Monday, September 8, 2025

Grassroots Spotlight: Oklahoma Rifle Association Annual State Convention

Each year, the Oklahoma Rifle Association (ORA), the NRA's State Association for Oklahoma, hosts its Annual State Convention in August. 

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Washington’s Magazine Ban

Monday, September 8, 2025

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Washington’s Magazine Ban

Today, the National Rifle Association filed an amicus brief urging the U.S. Supreme Court to grant certiorari in a case challenging Washington State’s ban on firearm magazines that hold more than 10 rounds.

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.