Federal Judge Blasts ATF for its ‘Heavy-Handed Exercise of Revocations’

GOA Files New Case Against New York's CCIA, iStock-697763642
Federal Judge Blasts ATF for its ‘Heavy-Handed Exercise of Revocations’, iStock-697763642

Reggie Wilson, owner of Wilson Gun Works & Design in Sapphire, North Carolina, makes benchrest-quality precision hunting and competition rifles, which are guaranteed to shoot half-inch groups at 100 yards. His motto is “We build one rifle at a time.”

Wilson is a machinist by trade in nearby Fletcher. Building high-end rifles is his side business. Over the years, his bolt-guns have taken impressive trophies and game, and his customers rewarded him with accolades and devotion.

According to court documents, during an inspection in March 2022, ATF Inspector Shawn Cook “cited Wilson Gun Works with multiple violations of the Gun Control Act (GCA).”

The ATF alleged that Wilson transferred two handguns on December 30, 2021, to his stepdaughter, a Florida resident, without conducting a background check. The agency also claimed Wilson did not report he had sold “multiple pistols to an unlicensed person.”

On March 17, 2022, ATF issued a notice to revoke Wilson’s Federal Firearm License, stating that they believed Wilson had violated the GCA. Wilson requested a hearing, which was held on July 26, 2022. During the hearing, court documents show that Wilson admitted that he “personally transported the firearms to (his stepdaughter) in Florida and completed the ATF Form 4473 there. Because the transfer did not occur in North Carolina at the licensed premises, Wilson Gun Works also violated 18 U.S.C. § 923(g)(1)(A) and 27 C.F.R. § 478.100(a). (Id.).”

Based on the violations, ATF revoked Wilson’s FFL on September 27, 2022, concluding that Wilson had “willfully violated the GCA.” On November 16, 2022, Wilson appealed to federal court, seeking “judicial review of the ATF’s decision.”

The case, WILSON GUN WORKS AND, DESIGN, LLC, Petitioner, v. STEVE ALBRO, Director of Industry Operations Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice, Respondent, was assigned to United States District Judge Max O. Cogburn, Jr., an Obama appointee, who is best known for striking down North Carolina’s gay marriage ban in 2014.

In his order, Judge Cogburn had no choice but to rule in favor of the ATF, stating: “Here, the Court finds that no genuine issue of material fact exists as to whether Petitioner violated the GCA. Thus, under Section 923(f)(3), the ATF was authorized to revoke Petitioner’s license.”

However, it is what the judge said after announcing his decision that should serve as a strong warning to the ATF.

“Finally, the Court notes that Mr. Wilson, who sold firearms as a side business, sold the guns to his own stepdaughter. Nothing in the record indicates that Mr. Wilson’s conduct of selling two guns on one occasion to his own stepdaughter affected public safety or hampered the ATF’s ability to reduce violent crime, which is of course one of the purposes of the GCA. Of course, the ATF has been delegated the authority to revoke the license of a licensee who has willfully violated any provision of the GCA, even if the revocation seems a heavy-handed punishment in response to the violation at issue. Still, this sort of heavy-handed exercise of revocations, as opposed to warnings or suspensions, foments antipathy for government agencies,” Judge Cogburn wrote.

Contacted Tuesday, Wilson did not yet know he had lost the appeal. He was also unaware of the judge’s comments.

“It doesn’t do me any good,” he said.

ATF’s decision to revoke Wilson’s FFL was affirmed, and he became the latest casualty – one of hundreds – of Joe Biden’s war on gun dealers.

A GiveSendGo account has been established to help Wilson with his legal fees.

This story is presented by the Second Amendment Foundation’s Investigative Journalism Project and wouldn’t be possible without you. Please click here to make a tax-deductible donation to support more pro-gun stories like this.


About Lee Williams

Lee Williams, who is also known as “The Gun Writer,” is the chief editor of the Second Amendment Foundation’s Investigative Journalism Project. Until recently, he was also an editor for a daily newspaper in Florida. Before becoming an editor, Lee was an investigative reporter at newspapers in three states and a U.S. Territory. Before becoming a journalist, he worked as a police officer. Before becoming a cop, Lee served in the Army. He’s earned more than a dozen national journalism awards as a reporter, and three medals of valor as a cop. Lee is an avid tactical shooter.

Lee Williams

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Cappy

Even a sweet tempered hound will bite you if you poke at him enough. I’ve been hearing growls and barking for awhile, now. And ATF just keeps poking the dog.

Bubba

It’s a bear.

Don’t poke the bear. Lol

Rodoeo

More like cocaine bear lol

Montana454Casull

We have grizzley bears in Montana and they need to be fed these ATF agents so they leave Montana people alone .

Laddyboy

SO! The question remains, When will the UNLAWFUL, MANIPULATIVE MILLION DOLLAR bureaucratic atf be DEFUNDED and ALL of its ‘rules and regulations’ be declared NULL AND VOID, and NOT be applicable elsewhere at any time, according to the Constitution of America!

TStheDeplorable

The ATF is gaining the Supreme Court’s attention, and not in a good way. This court is looking for cases to use to rein in the administrative state. Every time an agency like ATF uses the tools it has been given for administrative efficiency to instead carry out some political vendetta or to push some political initiative the properly belongs with the elected legislature, they risk giving the Court what it’s looking for. Already the Court has kicked both the EPA and ATF in the shins. Lower courts are noticing, too. Hubris will be the undoing of the alphabet agencies.

Rodoeo

Well, this administration is quietly packing the lower courts. You won’t hear about it on TV.

musicman44mag

per the article: July 26, 2022. During the hearing, court documents show that Wilson admitted that he “personally transported the firearms to (his stepdaughter) in Florida and completed the ATF Form 4473 there. Because the transfer did not occur in North Carolina at the licensed premises, Wilson Gun Works also violated 18 U.S.C. § 923(g)(1)(A) and 27 C.F.R. § 478.100(a). (Id.).” MM44mag He completed the 4473 for her guns? I thought maybe she would fill out the form or like in Oregoneistan, transfer of a firearm to an eligible person that is a relative is legal and a form by… Read more »

Bubba

Yeah. I was not clear on why that’s a violation. She’s family.

Finnky

At this point AFT can hardly foment any additional antipathy for that governmental agency. At same time, allowing AFT to continue foments distrust and antipathy for entire government. Continuing down this path could well result in dissolution of the union — so legislators and courts need to step in before they become irrelevant in eyes of the people.

Laddyboy

“become irrelevant”?? That time has come and past into the dustpan of history!!

Bubba

Yes.

ATF and the GCA do not meet historical precedent.

FATF.

The other Jim

Yes, the problem is the Left Wing Warped Radical Federal Judges like Janet MacArthur Bond Arterton in Connecticut. She ruled yesterday that AR-15’s are not used for personal protection and are therefore banned.

(If anything is spelled wrong be advised I am afraid to correct it as Ammoland Website deletes the whole sentence before my attempt to correct the mispelled word).

The other Jim

Sorry Bubba, my comment to you has to be evaluated by someone from the Left prior to anyone seeing it?

(If anything is spelled wrong be advised I am afraid to correct it as Ammoland Website deletes the whole sentence before my attempt to correct the mispelled word).

hippybiker

I don’t understand the judges reasoning. As a former holder of 2 FFL licenses, it has always been a rule that a dealer can transfer firearms to another dealer in person or, in interstate commerce. This is nitpicking! If he transferred them to a Florida dealer and did the proper paperwork he should be able to appeal further. The poor guy probably spent all his assets to fight that charge. I don’t see it getting any better until we can get that cork licker out and in prison!

Rodoeo

They will disarm the public ‘by any means ‘necessary’. And also (most likely) unfortunately for this guy, he’s now on the NICS deny list personally as well.

Bubba

FATF.
Remind the NFA and The GCA68’
This is total BullSheit!

FATF and FJB

Montana454Casull

Joe Biden and the Democrats are encouraging the ATF to overreach and intimidate gun owners across the county. That’s why the ATF went after the gun shop in Great falls and Mr. Metcalf in Billings. It’s a campaign to intimidate all gun owners by the Biden administration.