Harris News Agency, Inc. v. Bowers, No. 15-1090 (8th Cir. 2015)
Annotate this CaseDefendant, the Director of Industry Operations for the Kansas City Field Division of the ATF, denied Harris News' application for a federal license to sell guns based on the ground that Harris News and co-owners willfully allowed a felon to possess firearms. The district court affirmed. The court, however, reversed the judgment of the district court, concluding that the ATF had no authority to deny the license application under 18 U.S.C. 923(d)(1)(C) because the ATF did not show that the Harris News officers and owners did anything to further the felon’s possession of firearms.
Court Description: Riley, Author, with Beam and Kelly, Circuit Judges] Civil case - Denial of application to sell firearms. The district court erred in upholding the ATF's decision that the applicants for the firearms license violated 18 U.S.C. Sec. 922(g)(1) by "allowing" a convicted felon to work in their firearms business; nothing in the record suggests the applicants gave the felon guns, told customers to give him guns, directed him to work on guns or did anything to further his possession of firearms; as a result, the aiding-and-abetting statute does not make them liable for the felon's alleged violations of 18 U.S.C. Sec. 922(g)(1), and the ATF erred in denying their application for a firearms license under 18 U.S.C. Sec. 923(d)(1)(C). [ December 21, 2015
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