United States District Court, W.D. Tennessee, Western Division
DICK'S SPORTING GOODS, INC. d/b/a DICK'S SPORTING GOODS, INC. #375, Petitioner,
KEVIN L. BOYDSTON, Director of Industry Operations, Bureau of Alcohol, Tobacco, Firearms and Explosives, Respondent.
ORDER DENYING RESPONDENT'S MOTION FOR SUMMARY JUDGMENT
JON P. McCALLA, District Judge.
Before the Court is Respondent Kevin L. Boydston's Motion for Summary Judgment, filed July 10, 2014. (ECF No. 11.) For the reasons stated below, Respondent's Motion for Summary Judgment is DENIED.
This case concerns an appeal from the revocation of a Federal Firearms License ("FFL") as a dealer in firearms other than destructive devices. (See Compl. ¶ 1, ECF No. 1.) On or about November 21, 2013, Kevin L. Boydston, Director of Industry Operations, Bureau of Alcohol Tobacco Firearms and Explosives ("DIO Boydston"), executed and served a revocation of Petitioner's FFL as to Petitioner's store #375 for violations of the Gun Control Act of 1968 ("GCA"), codified as amended at 18 U.S.C. § 921 et seq. (Id. ¶ 5.) Petitioner requested an administrative hearing to contest the revocation, which was held on February 5, 2015. (Id. ¶¶ 6-7.) On or about March 25, 2014, Petitioner received a Final Notice of Denial of Application or Revocation of Firearms license from DIO Boydston that was effective 60 days from the date of its receipt. (Id. ¶ 8.) Boydston found the following as a matter of fact:
8. On November 6, 2012 Jason Wayne Brady, who resides at 70 Grove Dale Street, Memphis, Tennessee 38120, went to the Licensee's premises location and attempted to purchase a Mossberg Maverick 12 gauge shotgun, serial number MV84994S, from the Licensee. Gov't Exhibits 8 and 12. The Licensee's Sales Associate, Matthew Kruger, assisted Mr. Brady for this attempted transaction. After the required information was recorded on Sections A & B of the Firearms Transaction Record (ATF Form 4473), Mr. Kruger initiated the required Tennessee Instant Check System (TICS) criminal background inquiry for Mr. Brady. Gov't Exhibit 8. A "Denied" response was received from TICS. Gov't Exhibits 8 and 12. The transaction was then terminated, and the Mossberg shotgun was not delivered to Mr. Brady.
9. On that same date, approximately 8 or 9 hours after Mr. Brady was denied the shotgun purchase, Laura Carolyn Brady, who resides at the same address as Mr. Brady, went to the Licensee's location and sought to purchase a Mossberg 12 gauge shotgun from the Licensee. Gov't Exhibit 10 and 12. The same sales associate, Matthew Kruger, assisted Mrs. Laura Brady. Gov't Exhibit 10. After she recorded the required information on Sections A & B of the ATF Form 4473, Mr. Kruger initiated a TICS inquiry for Mrs. Brady. Gov't Exhibit 10. A "Proceed" result was received, the transaction was completed, and the Mossberg Maverick 12 gauge shotgun serial number MV84994S was delivered to Mrs. Brady. Gov't Exhibits 10 and 12.
10. Laura Carolyn Brady and Jason Wayne Brady are husband and wife, and they reside together at 70 Grove Dale Street, Memphis, Tennessee 38120. Gov't Exhibits 8 and 10. The Mossberg shotgun that was delivered to Mrs. Brady was the same shotgun that Mr. Brady attempted to purchase earlier that same day. Gov't Exhibits 8 and 10....
11. On the date of the purchase, Sales Associate Matthew Krueger designated by his signature that he had reviewed the Delay/Denied Log for a possible "straw purchase, " yet he still delivered the firearm to Laura Brady although the name of Jason Wayne Brady was recorded as a denial only a few hours earlier, with only three transactions in between. Gov't. Exhibit 12.
(ECF No. 11-8 at ¶¶ 8-11 (footnotes omitted).) Further, at the administrative hearing, "Licensee admitted that it was aware of the legal requirements for the violations cited in the 2013, prior to the inspection." (Id. ¶ 13.) Under these facts, DIO Boydston found that Jason Brady was the actual purchaser. Accordingly, DIO Boydston found that Petitioner, "through its purposeful disregard of, and plain indifference to, its known legal duty under the GCA and the regulations thereunder, " committed the following violations:
1. Transfer to a prohibited person with reasonable cause to believe such person was prohibited, in violation of 18 U.S.C. § 922(d) and 27 C.F.R. § 478.99(c);
3. False Information on ATF Form 4473 as to Purchaser in violation of 18 U.S.C. §§ 922(g)(l)(A), 923(g)(l)(A), 922(m), and 924(a)(3)(A); and 27 C.F.R. §§ 478.124(c)(l) and 478.128(c).
(Id. ¶ 29.)
On July 10, 2014, Respondent filed a Motion for Summary Judgment. (ECF No. 11.) Respondent argues that summary judgment is appropriate because Petitioner "has not alleged any additional material facts or evidence which cast substantial doubt on ATF's authority for its decision, or which dispute any material facts in the record, nor can such facts be alleged." (ECF No. 11-1 at 6.)
Following several motions for extension of time to respond to the Motion for Summary Judgment, Petitioner ultimately filed a Motion to Strike on December 19, 2014. (ECF No. 46.) Respondent filed its Opposition to ...