U.S. Fourth Circuit - The FindLaw 4th Circuit Court of Appeals Opinion Summaries Blog

Broughman v. Carver, 09-2095

Suit for declaratory ruling challenging ATF's decision requiring gun shop owner to obtain manufacturer's license

Broughman v. Carver, 09-2095, concerned a challenge to the district court's grant of summary judgment in favor of the ATF, in a gun shop owner's suit seeking a declaratory ruling that he is a "dealer", not a "manufacturer", within the meaning of the Gun Control Act of 1968 (GCA). 

In affirming the decision, the the court held that, because manufacturing firearms under section 923(a) entails assembling a firearm's individual components  so as to render the firearm "suitable for use," the manner in which plaintiff conducts his gun business undoubtedly places him within the statutory category of a firearms "manufacturer," and section 923(a) requires plaintiff to maintain a manufacturer's license.

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