Prino v. Simon, 79-1073
| Decision Date | 03 October 1979 |
| Docket Number | No. 79-1073,79-1073 |
| Parties | Dow PRINO, Pawnbroker, d/b/a Dow's, Appellant, v. William E. SIMON, Secretary of the Treasury, Appellee. |
| Court | U.S. Court of Appeals — Fourth Circuit |
George A. Mills, III, Huntington, W. Va. (Greene, Ketchum & Mills, Huntington, W. Va., on brief), for appellant.
James S. Arnold, Asst. U. S. Atty., Charleston, W. Va. (Robert B. King, U. S Atty., Charleston, W. Va., on brief), for appellee.
Before BUTZNER, HALL and PHILLIPS, Circuit Judges.
The Secretary of the Treasury denied Prino's application for renewal of his license as a dealer in firearms under the Gun Control Act of 1968, 18 U.S.C. §§ 921 et seq. based upon an administrative determination that Prino had "willfully" violated the Act in several respects, a statutory ground for denial. 18 U.S.C. § 923(d)(1)(C). Prino sought judicial review under 18 U.S.C. § 923(f)(3), and the district court concluded that the application was properly denied because of willful violations.
On this appeal Prino contends that the willfulness of violation required to deny a license should be construed to be that required to support a criminal conviction; 1 that the district court did not accord De novo review as contemplated by the Act; and that the district court's finding of willful violations is not supported by the evidence. We find no merit in any of the contentions and affirm.
Dow Prino had operated a pawnshop and dealt in firearms and general merchandise under the style "Dow's" in Huntington, West Virginia, since 1954. In 1969 he was licensed under the Gun Control Act to deal in firearms other than destructive devices and came under the regulations of that Act. In January 1975 a special agent of the Bureau of Alcohol, Tobacco and Firearms (ATF), U.S. Department of the Treasury, conducted a compliance investigation of Prino's business. He found and reported a number of violations including, along with various technical record keeping violations, three illegal sales of hand guns to out of state residents. On February 15, 1975 Prino received a warning letter from the Regional Director ATF reciting the violations found, ordering immediate compliance with the regulations involved, advising that there would be a re-inspection within 60 days, and warning that if violations were then found his license would be revoked and that criminal sanctions were possible. The re-inspection took place on May 28, 29 and 30, 1975. Again, a significant number of violations were found, some repetitive of those first found, and the inspector also noted that a shortage of 92 firearms was reflected in Prino's records. Again Prino was advised of the specific violations found.
On the basis of his failure to comply with the cited regulations, Prino's application for annual renewal of his license was denied on July 31, 1975. Following an administrative hearing at which Prino was represented by counsel, the Secretary of the Treasury denied the application by final administrative decision. Petition for judicial review by the United States District Court for the Southern District of West Virginia was filed in December 1975, and Prino was permitted to continue his firearms business during the pendency of the review proceeding. In March of 1978, the district court entered an order in which it was concluded that the judicial review to be conducted should be a De novo proceeding. Accordingly, the court directed that "either party will be permitted to submit such additional evidence as they may deem relevant" and ordered that "either party shall have forty-five (45) days from the entry of this Order in which to submit by affidavit or exhibit any additional evidence." Finally, the court indicated special interest in receiving evidence concerning Prino's compliance during pendency of the review proceeding.
Pursuant to this order, another compliance inspection took place on March 31 and April 3, 1978. Again a number of record keeping violations were found, though some of the discrepancies noted in the 1975 inspection were found to have been corrected "to the extent possible." The result of this compliance inspection was presented to the district court in...
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Strong v. U.S.
...see also In re Doris Vaughn, No. 1:04MC3-D, at *4. The definition of "willful" adopted by the Fourth Circuit in Prino v. Simon, 606 F.2d 449, 451 (4th Cir.1979), differs only in that the term "plain indifference" is not explicitly used. See generally Willingham Sports, Inc., 415 F.3d at 127......
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United States v. McBride
...not necessary to establish willfulness in the civil context. Am. Arms Int'l v. Herbert, 563 F.3d 78, 83 (4th Cir.2009); Prino v. Simon, 606 F.2d 449, 451 (4th Cir.1979). The Supreme Court recently confirmed that acting with “willful blindness” to the obvious or known consequences of one's a......
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Bryan v U.S.
...268, 269 (CA8 1979); Fin & Feather Sport Shop v. United States Treasury Department, 481 F. Supp. 800, 807 (Neb. 1979). 29. Prino v. Simon, 606 F.2d 449, 451 (CA4 1979) (internal quotation marks omitted); see also Stein's, 649 F.2d, at 467 ("[I]f a person 1) intentionally does an act which i......
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BRYAN v. UNITED STATES
...2d 268, 269 (CA8 1979); Fin & Feather Sport Shop v. United States Treasury Department, 481 F. Supp. 800, 807 (Neb. 1979).29 Prino v. Simon, 606 F. 2d 449, 451 (CA4 1979) (internal quotation marks omitted); see also Stein's, 649 F. 2d, at 467 ("[I]f a person 1) intentionally does an act whic......