Armalite, Inc. v. Lambert’s Empirical Analysis
544 F.3d 644 · 2008
Citation profile
6 federal appellate · 3 district ·
How this case has been cited
Cited by 19 later decisions — most recently February 2024
6 federal appellate · 3 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 18 U.S.C. § 922 (Brady Handgun Violence Prevention Act) · 18 U.S.C. § 923
Relies on Safeco Insurance Co. of America v. Burr · Perri v. Department of Treasury · Stein's Inc. v. Blumenthal · Lewin v. Blumenthal · Article II Gun Shop, Inc. v. Gonzales
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In Appalachian Resources, this court defined “willful” violations of the GCA in this way: “[Wjhere a licensee understands his or her legal obligations under the GCA, yet fails to abide by those obligations, his or her license can be denied or revoked on the basis that the dealer ‘willfully’ violated the GCA.” 387 F.3d at 464 . What this articulation of the standard leaves unclear is whether the “understanding]” that the licensee must have of its obligations under the GCA suffices by itself to establish the requisite mens rea for a violation or whether the violation itself still must be committed intentionally, knowingly or recklessly. One possibility is this: a dealer violates the statute when it (1) knows what its legal obligations are and (2) fails to comply with those obligations, whether that failure to comply was intentional, reckless or negligent. The other possibility is this: a dealer violates the statute when, with knowledge of what the law requires, it intentionally or knowingly violates the GCA’s requirements or acts with plain indifference to them (i.e. recklessly violates them).”
1 later decision quote this exact passage · from the majority“in defining willful violations of the GCA, Appalachian Resources did not signal that it was breaking from the background principle against which Congress enacted the statute — namely the “standard civil usage” of the word “willfully.” Safeco Ins. Co. of Am. v. Burr, [ 551 U.S. 47 ,] 127 S.Ct. 2201, 2209 (2007). “[W]here willfulness is a statutory condition of civil liability, [the Supreme Court has] generally taken it to cover not only knowing violations of a standard, but reckless ones as well.” Id. at 2208. Appalachian Resources offers no indication that it meant to deviate from this classic definition of willfulness (and to sweep negligent violations of the statute within its coverage), and nothing in the statute offers any basis for thinking that Congress meant to do so either.”
1 later decision quote this exact passage · from the majority“[t]he licensee shall identify the firearm to be transferred by listing on the Form 4473 the name of the manufacturer, the name of the importer (if any), the type, model, caliber or gauge, and the serial number of the firearm.” 11 . The hearing officer found these explanations to”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.