Ron Peterson Firearms v. Jones, No. 13-2054 (10th Cir. 2014)Annotate this Case
In an effort to reduce illegal gun trafficking "along and across the Southwest border" of the United States, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a demand letter to certain federal firearms licensees (FFLs) in Arizona, California, New Mexico, and Texas, requiring them to report sales to the same customer within five consecutive business days of "two or more semiautomatic rifles capable of accepting a detachable magazine and with a caliber greater than .22." Appellants Ron Peterson Firearms, LLC, Dale Rutherford, doing business as The Cop Shop, and Tracy Rifle and Pistol, Inc. were FFLs subject to the letter. They argued that ATF lacked the statutory authority to issue the demand letter and that the decision to target FFLs in the four Mexican border states was arbitrary and capricious. Concluding that ATF neither exceeded its statutory authority nor engaged in arbitrary and capricious action, the Tenth Circuit affirmed the district court's grant of summary judgment to defendant.