McLemore v. United States Treasury Department, Civ. A. No. 809.
| Decision Date | 09 October 1970 |
| Docket Number | Civ. A. No. 809. |
| Citation | 317 F. Supp. 1077 |
| Parties | Mozelle McLEMORE, d/b/a Mack's Pawn Shop, Petitioner, v. UNITED STATES TREASURY DEPARTMENT, Internal Revenue Service, Alcohol, Tobacco and Firearms Division, Respondent. |
| Court | U.S. District Court — Northern District of Florida |
Larry A. Bodiford, Panama City, Fla., for petitioner.
Clinton Ashmore, Asst. U. S. Atty., Tallahassee, Fla., for respondent.
This cause is before this Court upon review of an administrative order dated May 19, 1970, in which the Assistant Regional Commissioner, Alcohol, Tobacco and Firearms Division, Internal Revenue Service sustained the findings of the Hearing Officer revoking Federal Firearms License No. 59-1895 as a result of charges brought against the licensee for violation of certain provisions of the Gun Control Act of 1968.
Petitioner was charged in violation of Title 18, United States Code, Section 924 (a) and Title 26, Code of Federal Regulations, Section 178.124 for his wilfully failing to maintain proper records of disposition of firearms in his possession. It was further charged that petitioner was in violation of Title 18, United States Code, Section 923(g) and Title 26, Code of Federal Regulations, Sections 178.121-125 for his failing to maintain proper records of receipt of certain firearms in his possession and on display in his place of business.
Notice of revocation of the license was initially given on April 3, 1970, and pursuant to provisions contained in Title 26, Code of Federal Regulations, Section 178.72 and Title 18, United States Code, Section 923(f) (2), a hearing to review the contemplated revocation was held in Marianna, Florida, on May 7, 1970. Upon determination by the designated administrative officer that the violation had been wilful and that revocation of the license was proper, this appeal as provided for by Title 18, United States Code, Section 923(f) (3) ensued and a hearing thereon was held in this Court at Marianna, Florida, on October 5, 1970.
Petitioner, Mozelle McLemore, d/b/a Mack's Pawn Shop, was the holder of a federally issued license designated as Federal Firearms License No. 59-1895, and for use by a pawnbroker dealing in firearms.
At the time of the issuance of his license, petitioner was furnished a copy of the Gun Control Act of 1968 by respondent or its agents.
From time to time it was customary for special investigators of the United States Treasury Department, Alcohol, Tobacco and Firearms Division, to visit the premises at petitioner's place of business and to inspect records relative to the acquisition and disposition of firearms.
Title 26, Code of Federal Regulations, Section 178.125, describes in part the manner in which records are to be kept and the agents of respondent were fully acquainted with the requirements of the law.
In the period stretching from May 28, 1969, to October 30, 1969, special investigator Wilhjelm checked the records of Mack's Pawn Shop on six separate occasions. Finding certain deficiencies and shortcomings in the petitioner's method of record-keeping, the special investigator advised Mr. McLemore and his employees of these inaccuracies and instructed them as to the correct procedure that should be followed. Among the deficiencies noted was the haphazard manner in which the 4473 forms were kept. Thereafter, petitioner's record-keeping improved but the special investigator continued to note discrepancies in the records despite improvement which had been made.
An investigation of petitioner's records made on January 26, 1970, by special investigator Clemmons revealed that fourteen (14) pistols were unaccounted for in the bound firearm ledger of Mack's Pawn Shop. None of these items was recorded in the ledger nor was there any evidence of receipt for same. This fact is conceded by petitioner himself. See page 15 of transcript At this time it was also observed that another assortment of rifles on display at the premises had not been properly recorded and entered into the ledger.
Investigation at that time also centered around disposition of a .22 caliber pistol which had purportedly been entered into pawn and identified by ticket number 17727. The...
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