27 C.F.R. § 478.71

Denial of an application for license

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Whenever the Director has reason to believe that an applicant is not qualified to receive a license under the provisions of § 478.47, he may issue a notice of denial, on Form 4498, to the applicant. The notice shall set forth the matters of fact and law relied upon in determining that the application should be denied, and shall afford the applicant 15 days from the date of receipt of the notice in which to request a hearing to review the denial. If no request for a hearing is filed within such time, the application shall be disapproved and a copy, so marked, shall be returned to the applicant.

[33 FR 18555, Dec. 14, 1968. Redesignated at 40 FR 16835, Apr. 15, 1975, and amended by T.D. ATF-270, 53 FR 10495, Mar. 31, 1988; ATF-27P, 74 FR 1878, Jan. 14, 2009]

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2016–2021 · leading case: Gilbert v. U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives, 306 F. Supp. 3d 776 (D. Maryland 2018).

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Gilbert v. U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives, 306 F. Supp. 3d 776 (D. Maryland 2018). “§ 923 (c) - (f) (2012) ; 27 C.F.R. §§ 478.71 - 478.77. FFLs are therefore government benefits that can be "awarded or revoked according to 'rules .”

Armament Servs. Intl Inc v. Attorney Gen. United States (3rd Cir. 2019). “Regardless of whether this evidence shows that Maura shared in her husband’s criminal intent beyond a reasonable doubt, it surely gave ATF “reason to believe that [she was] not qualified to receive a license” due to at least plain indifference to the requirements of the Gun…”

Charles Gilbert, Jr. v. ATF (4th Cir. 2020). “47 (b)(4); 27 C.F.R. § 478.71 . (Continued) 4 that Gossard used unlawful drugs and was acting as a straw man for Gilbert to sell firearms.”

Scofield v. LeDoux (S.D. Ohio 2021). “See also 27 C.F.R. § 478.71 (when Director has reason to believe that an applicant is not qualified to receive a license, he may issue a notice of denial to the applicant).”

Sheppard v. Houchens, 2016 DNH 079 (D.N.H. 2016). “§ 923 (f)(1); see also 27 C.F.R. § 478.71 (decision must “set forth the matters of fact and law relied upon in determining that the application should be denied”).”

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