Firestorm Pyrotechnics, Inc. v. Dettelbach

Summary

The Tenth Circuit denied Firestorm Pyrotechnics, Inc.’s petition for review of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ revocation of its explosives license. The court held that the agency correctly interpreted and applied the regulatory willfulness standard, which includes plain indifference to or purposeful disregard of a known legal duty. The court also concluded that substantial evidence supported the revocation decision.

Holdings

1. The regulatory definition of willfulness is unambiguous and requires plain indifference to, or purposeful disregard of, a known legal duty; the Director correctly applied that standard to Firestorm's repeated violations.
2. A licensee's efforts to comply with federal regulations do not legally negate a finding that prior violations were willful.
3. Substantial evidence supported the Director's determination that Firestorm willfully violated 27 C.F.R. § 555.29, and one willful violation is sufficient to sustain revocation.

Questions Presented

1. Whether the ATF Director misapplied the regulatory definition of willfulness in revoking Firestorm's explosives license.
2. Whether substantial evidence supported the Director's determination that Firestorm willfully violated the explosives-storage requirements of 27 C.F.R. § 555.29.

Disposition

writ_denied