Fairmont Cash Management v. James, No. 16-41449 (5th Cir. 2017)Annotate this Case
The ATF revoked Cash Cow Pawn Shop's federal firearms license (FFL) after numerous violations of the Gun Control Act. The district court affirmed the revocation decision. The Fifth Circuit affirmed the grant of summary judgment against Cash Cow, holding that a single willful violation of the Act sufficed to sustain the ATF's revocation decision; in the alternative, the mere fact that Cash Cow's other violations were paperwork violations did not make them any less serious or less willful; the district court did not abuse its discretion by denying Cash Cow's motion to compel the ATF to turn over its internal investigation file on Cash Cow because the district court found that it needed no additional evidence beyond the administrative record to rule on the pending motion for summary judgment; and the court was unclear as to what relief Cash Cow was seeking by raising a challenge to the district court's decision to decline to enforce an automatic stay under FRCP 62(a).