Firestorm Pyrotechnics v. Dettelbach, et al., No. 21-9572 (10th Cir. 2023)Annotate this Case
Petitioner Firestorm Pyrotechnics, Inc. (“Firestorm”) sought review of a decision by the Acting Director (“Director”) of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF” or “Bureau”) revoking Firestorm’s license to import and sell fireworks. Firestorm challenged the revocation decision, maintaining the Director misapplied the willfulness standard in 27 C.F.R. § 771.42 and 27 C.F.R. § 771.5 and contending further the Director’s decision was unsupported by substantial evidence. The Tenth Circuit Court of Appeals discerned no error in the Director’s understanding and application of the willfulness standard. The Court found Firestorm made several contrary arguments, but none was persuasive. Furthermore, the Court found the Director's decision was supported by substantial evidence.