(a) Basis for action. Whenever the Director has reason to believe that a licensee has willfully violated any provision of the Act or this part, a notice of revocation of the license, ATF Form 4500, may be issued. In addition, a notice of revocation of the license, on ATF Form 4500, may be issued whenever the Director has reason to believe that a licensee fails to have secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees (except in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee). In addition, pursuant to 18 U.S.C. 922(t)(5) and 18 U.S.C. 924(p), a notice of revocation, suspension, or imposition of a civil fine may be issued on ATF Form 4500 whenever the Director has reason to believe that a licensee has knowingly transferred a firearm to an unlicensed person and knowingly failed to comply with the requirements of 18 U.S.C. 922(t)(1) with respect to the transfer and, at the time that the transferee most recently proposed the transfer, the national instant criminal background check system was operating and information was available to the system demonstrating that transfer to the transferee or their receipt of a firearm would violate 18 U.S.C. 922(d), 922(g), or 922(n) (as applicable), or State, local, or Tribal law; or that a licensee has violated 18 U.S.C. 922(z)(1) by selling, delivering, or transferring any handgun to any person other than a licensee, unless the transferee was provided with a secure gun storage or safety device for that handgun.
(b) Issuance of notice. The notice shall set forth the matters of fact constituting the violations specified, dates, places, and the sections of law and regulations violated. The Director shall afford the licensee 15 days from the date of receipt of the notice in which to request a hearing prior to suspension or revocation of the license, or imposition of a civil fine. If the licensee does not file a timely request for a hearing, the Director shall issue a final notice of suspension or revocation and/or imposition of a civil fine on ATF Form 5300.13, as provided in § 478.74.
[T.D. ATF-415, 63 FR 58278, Oct. 29, 1998, as amended by ATF-27P, 74 FR 1878, Jan. 14, 2009; ATF 2013R-9F, 79 FR 46692, Aug. 11, 2014; ATF 2008R-15P, 81 FR 32235, May 23, 2016; ATF 24P, 87 FR 193, Jan. 4, 2022; ATF 2022R-09, 89 FR 28631, Apr. 19, 2024]
Notes of Decisions
Cited in
14
cases (
5 in the last 5 years), 2004–2024 · leading case:
RSM, Inc. v. Herbert, 466 F.3d 316 (4th Cir. 2006).
RSM, Inc. v. Herbert, 466 F.3d 316 (4th Cir. 2006).
· cites it 2× “27 C.F.R. § 478.73 (a) (emphasis added). Accordingly, to resolve this case, we must interpret “willfully,” as used in 18 U.”
John Simpson v. Attorney Gen. United States, 913 F.3d 110 (3rd Cir. 2019).
· cites it 2× “§ 923 (e) and 27 C.F.R. § 478.73 . After an administrative hearing, the ATF affirmed its revocation decision and Simpson filed a petition for judicial review under 18 U.”
Am. Arms Int'l v. Herbert, 563 F.3d 78 (4th Cir. 2009).
“§ 923 (e) (2006); see also 27 C.F.R. § 478.73 (a) (2008) (“Whenever the [ATF] Director of Industry Operations has reason to believe that a licensee has willfully violated any provision of the [GCA] .”
Arwady Hand Trucks Sales, Inc. v. Vander Werf, 507 F. Supp. 2d 754 (S.D. Tex. 2007).
· cites it 2× “”) (emphasis added); 27 C.F.R. § 478.73 (explaining that if the Director of Industry Operations revokes a license holder’s firearms license, the licensee shall have fifteen days upon receipt of notice “in which to request a hearing prior to suspension or revocation of the…”
Shawano Gun & Loan, LLC v. Hughes, 650 F.3d 1070 (7th Cir. 2011).
“§ 923 (f)(2) and 27 C.F.R. § 478.73 and was granted a stay of revocation pending ATF’s administrative review hearing and decision.”
Cew Props. v. U.S. Dep't of Just., 979 F.3d 1271 (10th Cir. 2020).
“§ 923 (e); 27 C.F.R. § 478.73 (a). The parties here agree that ATF could revoke a license based on one willful violation alone.”
Breit & Johnson Sporting Goods, Inc. v. Ashcroft, 320 F. Supp. 2d 671 (N.D. Ill. 2004).
“27 C.F.R. § 478.73 provides that a notice of revocation must “set forth the matters of fact constituting the violations specified, dates, places and the section of law and regulations violated.”
MEW Sporting Goods, LLC. v. Johansen, 992 F. Supp. 2d 665 (N.D.W. Va. 2014).
“See 27 C.F.R. § 478.73 . Third, even though Mountaineer failed to do so, it had the opportunity to fully litigate the ATF’s factual findings at an administrative hearing.”
Weaver v. Harris, 856 F. Supp. 2d 854 (S.D. Miss. 2012).
“” 27 CFR § 478.73 . Because the Court’s review is limited to whether the ATF’s actions were “authorized”, the evidence regarding how another official would have exercised the ATF’s discretion under these circumstances is not helpful.”
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