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
Trump Administration Continues to Deliver for Gun Owners with Recent Initiatives

News  

Monday, April 6, 2026

Trump Administration Continues to Deliver for Gun Owners with Recent Initiatives

Amid a steady stream of headlines highlighting anti-gun legislative proposals in the states, ongoing litigation battles, and regulatory uncertainty, there is also good news to report on the Second Amendment front, courtesy of the Trump ...

Anti-gun Chicago Mayor Spends Astronomical Amounts of Tax Dollars on Armed Security

News  

Monday, April 6, 2026

Anti-gun Chicago Mayor Spends Astronomical Amounts of Tax Dollars on Armed Security

Chicago Mayor Brandon Johnson, who was dragged for spending over $30,000 of his campaign funds on hair and makeup in a year, is now facing scrutiny over the optics and price tag of his personal security force.

Trump Administration Addresses Defensive Carry for Active-Duty Military Members

News  

Monday, April 6, 2026

Trump Administration Addresses Defensive Carry for Active-Duty Military Members

Just as we were finalizing another article this week on pro-gun initiatives by the Trump Administration, yet another example was announced. 

Rhode Island:  Gun Bans On Tap In Providence Next Week

Friday, April 3, 2026

Rhode Island: Gun Bans On Tap In Providence Next Week

On Wednesday April 8, the House Judiciary Committee will meet in the House Lounge at 4 p.m. to launch an historic attack on our Second Amendment rights. 

Social “Science” Replication Crisis Shows Danger Field Poses to Public Policy

News  

Monday, April 6, 2026

Social “Science” Replication Crisis Shows Danger Field Poses to Public Policy

Gun rights supporters know that civilian disarmament advocates have long employed dubious social “science”/public “health” research in their mission to strip Americans of their Second Amendment rights.

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to NFA Restrictions on Suppressors

Thursday, April 2, 2026

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to NFA Restrictions on Suppressors

The National Rifle Association joined the Second Amendment Foundation, American Suppressor Association, California Rifle & Pistol Association, Second Amendment Law Center, Minnesota Gun Owners Caucus, and the Citizens Committee for the Right to Keep and ...

Kentucky: Governor Beshear Vetoes Pro-Gun Bills - Urge Your Legislators to Override!

Friday, April 3, 2026

Kentucky: Governor Beshear Vetoes Pro-Gun Bills - Urge Your Legislators to Override!

On Thursday, April 2nd, Governor Andy Beshear vetoed two pro-gun bills, House Bill 78 and House Bill 312.

Ammunition Serialization: The Five-Cent Fiasco in Illinois

News  

Monday, March 30, 2026

Ammunition Serialization: The Five-Cent Fiasco in Illinois

Democrat officials in Illinois have long taken unabashed pride in the abridgement of Second Amendment rights, and their latest attempt at “bullet control” is again making headlines.

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

Sunday, March 15, 2026

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

On Saturday, March 14th, the Virginia General Assembly adjourned sine die from the 2026 legislative session, and the future of the Commonwealth hangs in the balance. 

West Virginia: Governor Morrisey Signs Constitutional Carry Expansion Bill

Thursday, April 2, 2026

West Virginia: Governor Morrisey Signs Constitutional Carry Expansion Bill

On Wednesday, April 1st, Governor Patrick Morrisey signed House Bill 4106, expanding constitutional carry provisions to 18-20 year olds.

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.