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Brinks receives four new FFLs after dropping revocation appeal

When ATF Industry Operation inspectors show up, it’s just basic business survival sense to ensure controls are in place to establish compliance.
When ATF Industry Operation inspectors show up, it’s just basic business survival sense to ensure controls are in place to establish compliance.
ATF. Gov

Brink’s Incorporated “has voluntarily dropped its appeal of the revocation by the Bureau of Alcohol, Tobacco, Firearms and Explosives of Brink’s Federal Firearms License for its Coppell, Tex. headquarters,” FFLGuard, a cooperative legal program for retail gun dealers representing the security giant, announced Monday.

“This termination of litigation comes contemporaneously with ATF’s issuance of four new FFLs to Brink’s, including a brand new one for the Coppell ... location,” FFLGuard explained. “These new licenses came as part of FFLGuard’s intervention into the dispute between the 150-year-old company and ATF regarding compliance issues.”

This action brings to a close one chapter of a story Gun Rights Examiner has been following since August of 2012, when it was first reported how ATF revocation actions were in defiance of policy and law. Follow-up reports detailed how ATF was creating a legal injustice for Brink’s, how the company was forced to turn to the courts to protect itself, and how “serious inconsistencies” in inspections and application of rules were exposed. If left to stand, the revocation would have had a devastatingly costly effect on the ability of Brink’s to buy guns at volume and equip its 220 branches across the country.

“Brink’s original FFL in Coppell ... which was initially issued by ATF in 2001, came into the public spotlight when the ATF Director of Industry Operations from Dallas, Texas, revoked the FFL in 2012, following four previous ATF inspections over the prior decade that did not trigger any administrative action by ATF whatsoever. FFLGuard aided Brink’s in the litigation and high-level discussions necessary to correct questionable actions by ATF in the field.

“This unprecedented move -- the termination of one FFL in return for four new FFLs -- concludes over a year’s worth of work by FFLGuard, on behalf of Brink’s, to replace an FFL ... that probably never should have been revoked”, Christopher Chiafullo, National Coordinating Counsel for FFLGuard pointed out.

The outcome is positive for both Brink's and ATF. That said, it should be noted that FFLs without such resources and access to competent representation should not assume they’re immune to similar adverse actions that could put them out of business or worse. As regulatory compliance in the firearms industry is a way of life for successful businesses instead of an afterthought following a violation, it’s prudent to have the proper internal controls in place and reliable lifelines secured before the operations auditors show up.


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