Simpson v. Attorney General United States

Simpson applied for a dealer’s federal firearms license (FFL) in 2010. During his interview, ATF representatives explained the legal responsibilities. Simpson signed an Acknowledgement of Federal Firearms Regulations. Simpson opened a firearms store. In 2011, Simpson attended a seminar where ATF officials discussed firearms regulations. In 2012, wanting to assemble AR-15 rifles, Simpson applied for an FFL to manufacture firearms. ATF officials met with him and discussed the relevant legal responsibilities, including the duty to mark all manufactured firearms and to keep a separate manufacturing acquisition and disposition (A&D) book. Simpson again signed an acknowledgment. Simpson applied to relocate his FFLs. An ATF Inspector met with him. Simpson again signed an acknowledgment under the Gun Control Act, 18 U.S.C. 921 (GCA). ATF conducted an inspection and decided to revoke Simpson’s FFLs. After a hearing, it was determined that Simpson had committed over 400 willful GCA violations: Selling or delivering firearms without having completed Firearm Transaction Records; transferring firearms without conducting background checks; incorrectly identifying firearms that had been transferred; failing to identify and mark firearms that he manufactured; failing to record the disposition of multiple firearms; and failing to appropriately sign and date ATF Form 4473 to indicate that he did not have reasonable cause to believe that a transferee was disqualified from receiving a firearm. The Third Circuit upheld the revocation. Simpson knew of and was plainly indifferent to his obligations by committing hundreds of GCA violations. View "Simpson v. Attorney General United States" on Justia Law