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Thread: Gunshops can keep licenses, judge says

  1. #1
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    ***A federal judge decided Tuesday that Jim’s Gun Jobbery of Fayetteville and the Jim’s store in Wilmington can keep their licenses to sell firearms.***

    http://www.fayobserver.com/article?id=304785

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    I'm glad somebody is able to show the BATFE that they won't just bow down to the almighty. They need to realize that MISTAKES WILL HAPPEN!!! When my dad was doing high power rocketry, he had to get a low level users permit and a special lockbox to store the rocket propellant in. The problem that I had was NO ONE, not the BATFE, not the DOT, not ANYONE could make that stuff blow up.

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    Regular Member Thundar's Avatar
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    Gunshops can keep licenses, judge says

    By Paul Woolverton
    Staff writer


    A federal judge decided Tuesday that Jim’s Gun Jobbery of Fayetteville and the Jim’s store in Wilmington can keep their licenses to sell firearms.

    Jim’s Gun Jobbery in Fayetteville and Jim’s Pawn & Gun in Wilmington sometimes violated regulations requiring dealers to closely track their inventory, U.S. District Judge Malcolm J. Howard said in his ruling. But he decided the violations were unintentional and made up only a tiny percentage of the stores’ sales since Jim Faircloth went into business in 1977.

    The Bureau of Alcohol, Tobacco and Firearms has been trying since 2005 to revoke the licenses of Jim’s, said to be the largest gun dealer in North Carolina. The ATF said the stores repeatedly lost track of guns in their inventory over an eight-year period and had not resolved the problem despite repeated warnings.

    Gun dealers are required to record the movement of weapons in and out of their possession. The rule is intended to keep guns away from convicted felons and others who aren’t allowed to have firearms. In practice, Jim’s tracked its inventory with logbooks and other records filled out by hand.

    Jim’s fought the license revocation and took its case to a federal trial in August. Judge Howard presided over the nonjury proceedings.

    In his decision Tuesday, Howard said Jim’s violated the law but the business worked hard to improve. It located most of the guns thought missing, and over the years the number of errors declined.

    Jim’s never willfully violated the law, Howard said.

    Repeated violations can show someone is willfully breaking the law, Howard said, but he decided that Jim’s did not cross that threshold.

    Faircloth is relieved and grateful for Howard’s ruling, said his lawyer, Gerald Beaver of Fayetteville. “He feels vindicated, and his reputation has been restored,” Beaver said.

    There was no evidence that Faircloth’s stores ever sold a gun to an unauthorized person, Beaver said.

    U.S. Attorney George Holding declined to comment on the ruling.

    Beaver said he expects the government to appeal the decision.

    Staff writer Paul Woolverton can be reached at woolvertonp@fayobserver.com or 486-3512.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitableand let it come! I repeat it, Sir, let it come . PATRICK HENRY speech 1776

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    Regular Member Huck's Avatar
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    "The Bureau of Alcohol, Tobacco and Firearms has been trying since 2005 to revoke the licenses of Jim’s, said to be the largest gun dealer in North Carolina.The ATF said the stores repeatedly lost track of guns in their inventoryover an eight-year period and had not resolved the problem despite repeated warnings."

    BATF aint got a leg to stand on when keeping track of one's inventory is concerned.

    http://news.yahoo.com/s/ap/20080917/...e/lost_weapons


    Good ruling on the Judge's part!
    "You can teach 'em, but you cant learn 'em."

  5. #5
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    Huck wrote:
    "The Bureau of Alcohol, Tobacco and Firearms has been trying since 2005 to revoke the licenses of Jim’s, said to be the largest gun dealer in North Carolina.The ATF said the stores repeatedly lost track of guns in their inventoryover an eight-year period and had not resolved the problem despite repeated warnings."

    BATF aint got a leg to stand on when keeping track of one's inventory is concerned.

    http://news.yahoo.com/s/ap/20080917/...e/lost_weapons


    Good ruling on the Judge's part!
    Wasn't there a report some time ago that the FBI couldn't account for about 800 plus pistols?

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    Anytime I read of the BATFE losing laptops or WEAPONS....I simply say: "What? Again"?:shock:

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    Wow - the ATF wins approximately97% of these "administrative revocation" hearings (can cite figures on request - I looked into it after our last audit). They consider repeated violations of the same type as "willful" - the reasoning being that a warning ought to be sufficient for corrective action.

    -ljp

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    Founder's Club Member PrayingForWar's Avatar
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    Armed wrote:
    Huck wrote:
    "The Bureau of Alcohol, Tobacco and Firearms has been trying since 2005 to revoke the licenses of Jim’s, said to be the largest gun dealer in North Carolina.The ATF said the stores repeatedly lost track of guns in their inventoryover an eight-year period and had not resolved the problem despite repeated warnings."

    BATF aint got a leg to stand on when keeping track of one's inventory is concerned.

    http://news.yahoo.com/s/ap/20080917/...e/lost_weapons


    Good ruling on the Judge's part!
    Wasn't there a report some time ago that the FBI couldn't account for about 800 plus pistols?
    I thought the FBI had lost M16's, which really should be a concern and someone should have gone to jail over. The same folks who want to take guns away from civilains, and have only the gov't armed seem to ignore such "oversights".



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