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Shawano Gun & Loan, LLC, D/B/A v. Maryjohughes, Director of Industry Operations

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ARGUED JANUARY 18, 2011

Before TINDER and HAMILTON, Circuit Judges, and MURPHY, District Judge.*fn1

Shawano Gun & Loan, LLC (Shawano) sells fishing equipment and firearms from its sporting goods store and pawnshop in northern Wisconsin. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) revoked Shawano’s federal license to sell firearms in December 2008 after it rejected Shawano’s administrative appeal from a hearing officer’s finding that Shawano willfully violated record keeping requirements of the Gun Control Act and pertinent regulations. Shawano filed suit in the district court against Mary Jo Hughes, ATF Director of Industry Operations, under 18 U.S.C. § 923(f)(3) for de novo judicial review of the administrative decision and requested an evidentiary hearing. The district court thought there was ample uncontroverted evidence that Shawano had willfully failed to comply with the record keeping requirements and granted summary judgment against Shawano without conducting an evidentiary hearing. The district court stayed enforcement of the revocation pending appeal. The question for the district court and the issue here is whether Shawano’s violations are willful for purposes of the Gun Control Act. For the reasons that follow, the district court’s judgment is affirmed.

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