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
North Carolina: Update on Permitless Carry

Monday, November 17, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

News  

Monday, November 24, 2025

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

Preemption laws offer legal protection for gun owners, but only when they are enforced.

Ruger Next Target in Threat-Based Gun Control

News  

Monday, November 17, 2025

Ruger Next Target in Threat-Based Gun Control

The inch was seemingly given, so it is not surprising to see pursuit of the mile.

Stemming the Criminal Tide in Chicago—Feds Step Up Enforcement

News  

Monday, November 24, 2025

Stemming the Criminal Tide in Chicago—Feds Step Up Enforcement

In August, the Trump White House released an article titled, Yes, Chicago Has a Crime Problem — Just Ask its Residents, which pointedly noted that for “13 consecutive years, Chicago has had the most murders of ...

California: Governor Newsom Signs Gun Control Bills Into Law

Monday, October 13, 2025

California: Governor Newsom Signs Gun Control Bills Into Law

For someone who has claimed to be"...deeply mindful and respectful of the Second Amendment and people’s Constitutional rights,” Governor Gavin Newsom has once again proven that actions speak louder than words.

Argentina Continues to Move Towards Freedom

News  

Monday, November 17, 2025

Argentina Continues to Move Towards Freedom

Here in America, we are blessed with the Second Amendment.  Anti-gun extremists have long tried to eliminate it with the proverbial death by a thousand cuts, chipping away at it with countless laws designed to impose ...

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

Florida: Age Discrimination Bill Passes First Committee Hurdle

Wednesday, November 19, 2025

Florida: Age Discrimination Bill Passes First Committee Hurdle

Yesterday, the House Criminal Justice Subcommittee voted 11-5 to favorably report pro-gun House Bill 133, which restores the ability for young adults to lawfully purchase firearms. HB 133 is expected to receive a hearing in the ...

President Trump Signs the “One Big Beautiful Bill Act” into Law

News  

Friday, July 4, 2025

President Trump Signs the “One Big Beautiful Bill Act” into Law

Earlier today, on the 4th of July, a day on which our Founding Fathers declared their intent for a free nation, the President of the United State of America, Donald Trump, signed the “One Big ...

NRA Files Amicus Brief Urging SCOTUS to Invalidate Hawaii Carry Restriction

Monday, November 24, 2025

NRA Files Amicus Brief Urging SCOTUS to Invalidate Hawaii Carry Restriction

Today, the National Rifle Association and the Independence Institute filed an amicus brief in Wolford v. Lopez, a case before the U.S. Supreme Court challenging Hawaii’s law that forbids carrying on private property open to the ...

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.