Opinion
No. 09-40057 Summary Calendar.
January 28, 2010.
Steven Ray Green, Athens, TX, for Plaintiff-Appellant.
Thomas Edward Gibson, Assistant U.S. Attorney, U.S. Attorney's Office, Tyler, TX, for Defendants-Appellees.
Appeal from the United States District Court for the Eastern District of Texas, USDC No. 6:07-CV-114.
Before REAVLEY, JOLLY, and OWEN, Circuit Judges.
Athens Pawn Shop, Inc. sought judicial review of a determination by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) revoking its firearms dealer license for willfully violating statutory and regulatory provisions controlling record keeping for licensed gun dealers. The district court granted summary judgment to the ATF, and Athens Pawn Shop appeals. We AFFIRM.
The Attorney General may revoke a firearms dealer license if the licensee "willfully" violates a rule or regulation applicable to firearms dealers. 18 U.S.C. § 923(e). Athens Pawn Shop was found to have violated the record-keeping requirements for the acquisition and disposition record of its firearms inventory. See 27 C.F.R. § 478.125(e). Athens Pawn Shop does not dispute the violations but argues that revocation of its license was not warranted because the violations were not willful and were due to inadvertent and technical record-keeping mistakes. The only issue on appeal is whether the district court correctly found no disputed issue of fact as to the willfulness of the violations.
To prove that a firearms dealer "willfully" violated the law, ATF must show that the dealer either intentionally and knowingly violated its obligations or was recklessly or plainly indifferent despite the dealer's awareness of the law's requirements. See Armalite, Inc. v. Lambert, 544 F.3d 644, 648 (6th Cir. 2008); see also RSM, Inc. v. Herbert, 466 F.3d 316, 321-22 (4th Cir. 2006); Article II Gun Shop, Inc. v. Gonzales, 441 F.3d 492, 497 (7th Cir. 2006); Willingham Sports, Inc. v. Bureau of Alcohol, Tobacco, Firearms and Explosives, 415 F.3d 1274, 1277 (11th Cir. 2005); Perri v. Bureau of Alcohol, Tobacco, and Firearms, 637 F.2d 1332, 1336 (9th Cir. 1981). Here, the evidence showed that Athens Pawn Shop had been cited on at least three prior occasions for the same or similar violations of the requirements for maintaining accurate acquisition and disposition records. It was also specifically warned that its license was contingent on compliance with federal regulations and that future violations would be considered willful and could jeopardize its license. It is indisputable that Athens Pawn Shop was aware of its legal obligations but committed numerous subsequent infractions. Repeated violation of known legal requirements is sufficient to establish willfulness. See Willingham Sports, 415 F.3d at 1277; Stein's Inc. v. Blumenthal, 649 F.2d 463, 468 (7th Cir. 1980) (citing Lewin v. Blumenthal, 590 F.2d 268 (8th Cir. 1979)). The district court here correctly granted summary judgment to the ATF.
AFFIRMED.