10-2927 Shawano Gun & Loan, LLC, v. Hughes

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Firearms
Dealers; revocation

Where gun purchasers had the same last name and/or address as persons whose applications to buy firearms were denied the previous day, the district court reasonably held the sales were willful sales to straw purchasers.
“A violation is willful under 18 U.S.C. § 923(e) if ATF shows that the firearms dealer ‘“knew of [its] legal obligation and purposefully disregarded or was plainly indifferent to the recordkeeping requirements.”’ Article II Gun Shop, Inc. v. Gonzales, 441 F.3d 492, 497 (7th Cir. 2006), quoting Stein’s, 649 F.2d at 467. To act willfully, a firearms dealer is not required to act ‘with a “bad purpose or evil motive.”’ Article II, 441 F.3d at 497, quoting Stein’s, 649 F.2d at 467. This is the standard applied by the district court.”

Affirmed.

10-2927 Shawano Gun & Loan, LLC, v. Hughes

Appeal from the United States District Court for the Eastern District of Wisconsin, Griesbach, J., Murphy, J.

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