United States Fourth Circuit
Broughman v. Carver, 09-2095
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), district court's grant of summary judgment in favor of the ATF is affirmed where, 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.
Appellate Information
- Argued 09/23/2010
- Decided 11/15/2010
- Published 11/15/2010
Judges
Court
- United States Fourth Circuit
Counsel
- For Appellant:
- Richard E. Gardiner, Thomas Linn Eckert