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Bankston v. Then, No. 10-10750

By FindLaw Staff on August 30, 2010 11:01 AM

Bankston v. Then, No. 10-10750, concerned a petition for review of a fine imposed on a firearms dealer by the Bureau of Alcohol, Tobacco & Firearms.  The court affirmed the denial of the petition on the ground that the accuracy of the information at the time of a background check was irrelevant for purposes of 18 U.S.C. section 922(t), and the government need only prove the licensee acted knowingly.

As the court wrote:  "In this appeal, we are asked to determine whether § 922(t) dictates that the licensee is prohibited from transferring a firearm if the background check produces inaccurate information and the buyer is not actually forbidden from purchasing the firearm. We must also determine the level of mental culpability required to violate the statute. We conclude that the accuracy of the information at the time of the check is irrelevant for purposes of this statute, and that the government need only prove the licensee acted knowingly."

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