Moreno d/b/a CWS Country Wide Shooters v. Bureau of Alcohol, Tobacco, Firearms and Explosives

Filing 17

ORDER GRANTING 9 Motion for Summary Judgment. Signed by Judge David C Guaderrama. (lc3)

large amount of firearms taken from her inventory and ATF had information that some or all of
these firearms might have been transferred to Petitioner––and so arrangements were made for an
inspection the next day. See id. ¶¶ 20–21.
The following day, Petitioner told an agency inspector that she did not have any ATF
firearms transaction records (“Forms 4473”)3 because she only sold to licensed dealers; that she
had the Acquisition & Disposition records (“A&D Records”) on an excel spreadsheet in the
computer; and advised that the records were not current because 339 firearms had been sent to
California for a gun show. See id. ¶¶ 22–23. Consequently, the inspection was delayed again,
and Petitioner was instructed that the gun show firearms needed to be inventoried once they
returned to El Paso, Texas. See id. ¶ 25. On August 3, 2010, Petitioner notified ATF that she
was on her way to the licensed business premises with the gun show firearms but she requested
the inventory be postponed until the following day. See id. ¶ 26. ATF rejected her request and
immediately proceeded to the licensed business premises. See id. ¶ 27. When the ATF area
supervisor arrived thirty minutes later, Petitioner informed him that, despite instructions to retain
all firearms until ATF had inspected them, 58 of the 339 firearms had been sold, loaded back
unto the truck, and shipped back to California. See id. ¶¶ 28–29.
As a result of the this inspection, ATF issued an Amended Report of Violations to
Petitioner citing violations that included conducting business in an address other than the one
specified on the license, not obtaining a National Instant Criminal Background Check System
check on an individual, failing to execute an ATF Form 4473, and not logging the guns out of the
records. See id. ¶¶ 30–33. Both the violations and the regulations were reviewed with
Petitioner at a warning conference, and she signed a new Acknowledgement that specifically
3

Form 4473 involves over the counter transactions and identifies the individual that purchases the
firearm. Form 4473 is only used for transfers by licensees to non–licensees. See RPUF ¶ 22 n.3.
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