Explore The NRA Universe Of Websites

APPEARS IN News

Courts Clarify Standard for Dealer Violations

Thursday, April 9, 2009

Two federal appeals courts recently handed down important decisions that clarify the standard for revoking a dealer’s federal firearms license (FFL). While the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) can only revoke an FFL for "willful" violations of the law, the batfe has argued that repeated recordkeeping errors are all it takes to prove a "willful" violation. All too often, the courts have agreed.

In the two new cases, the courts took a harder look at BATFE’s argument--and at their own past decisions.

The first case, decided in Oct. 2008 by the Sixth Circuit U.S. Court of Appeals, involved ArmaLite, Inc., a well known and reputable Illinois gun manufacturer that also had a dealer’s license for a location in Ohio. batfe revoked the license for Armalite’s Ohio location due to errors in the store’s records, and ArmaLite appealed through the courts.

Eventually, the Sixth Circuit clarified its own previous decisions, saying that an ffl only commits a "willful" violation when it "intentionally, knowingly or recklessly violates known legal requirements." Unfortunately, the court also decided that one of ArmaLite’s violations met this higher standard and was enough to justify the revocation of the Ohio license. ArmaLite disagrees with that element of the decision, but had primarily fought the case to counter the administrative misuse of the term "willful."

In the second case, the Ninth Circuit U.S. Court of Appeals considered a similar appeal by The General Store, which the court described as "an aptly named retailer" in Spokane, Wash. As in the ArmaLite case, the appeals court agreed that a "willful" violation "did not mean a mere mistake or negligence." Unfortunately, the court agreed that two of the store’s violations were "willful" under the stronger definition--again enough to justify the revocation.

Despite their final outcomes, these decisions mean that in future cases around the country, the BATFE will have to meet a higher standard to revoke dealer’s licenses.
NRA remains committed to tightening the standard for BATFE actions by legislation in Congress, and will cover those efforts in a future report. NRA members facing similar problems with BATFE should go to www.nraila.org/batfe or call (703) 267-1160 for more information.

TRENDING NOW
Creating Crimes Out of Thin Air: Federal Bill Seeks to Treat Air Guns as Firearms

News  

Monday, October 5, 2026

Creating Crimes Out of Thin Air: Federal Bill Seeks to Treat Air Guns as Firearms

A new bill introduced in Congress proposes to regulate “lethal air guns” as firearms under the Gun Control Act of 1968, as amended (GCA). Yet the risk of fatalities and criminal misuse from air guns ...

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

Pervasive Surveillance and Data Storage an Emerging Concern for Gun Owner Privacy

News  

Monday, October 5, 2026

Pervasive Surveillance and Data Storage an Emerging Concern for Gun Owner Privacy

Americans have willingly, and sometimes unwillingly, surrounded themselves with technology that watches, listens, records, and remembers. Cars know how and where we drive. Phones track just about everything in our daily routines. 

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

News  

Wednesday, September 23, 2026

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

On September 17, the Department of Justice’s Office of Legal Counsel (OLC) issued a memorandum opinion to answer the question “whether restricting young adults from buying firearms comports with the Second Amendment as the Supreme ...

What Does the Texas NFA Decision Mean for You?

News  

Wednesday, August 12, 2026

What Does the Texas NFA Decision Mean for You?

On August 5, 2026, Judge Wesley Hendrix of the U.S. District Court for the Northern District of Texas held that the National Firearms Act’s registration and approval requirements for suppressors, short-barreled rifles, and short-barreled shotguns ...

The Fight to Protect the Firearms Industry Continues

News  

Wednesday, September 23, 2026

The Fight to Protect the Firearms Industry Continues

The political lawfare campaign to dismantle the lawful firearms industry by holding it liable for the criminal misuse of its constitutionally protected products should have never started. U.S. tort law has long held that a ...

Bad Faith: Gun Controllers Seek to Enlist Clergy in Firearm Confiscation Efforts

News  

Monday, October 5, 2026

Bad Faith: Gun Controllers Seek to Enlist Clergy in Firearm Confiscation Efforts

It’s often been said that gun control is really about people control. Understanding this, the megalomania gun control advocates exhibit in their never-ending pursuit to control others displays a zealotry often associated with religious fundamentalism.

St. Louis Housing Authority Evicts Man Who Police Say Acted in Self-Defense

News  

Monday, October 5, 2026

St. Louis Housing Authority Evicts Man Who Police Say Acted in Self-Defense

While the state of Missouri is considered a pro-Second Amendment state—including having Constitutional Carry—the City of St. Louis has a tendency to try to go its own way on the matter. The recent case of ...

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.