Agenda - Planning Commission - 03/06/2008

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'. (~\ \ l) (~:~ .. ) l( \ .,J January 25, 2008 I Volume 2 I No.2 gan signed a document that stated his business was in compliance with state and local law each time he applied for renewal. When Morgan applied for a license renewal in 2003, howev- er, the ATF obtained a written opinion from the township's legal counsel regarding Morgan's compliance with local zoning laws. The township determined that Morgan's firearms business was not permitted under the town's zoning ordinance. Based on this information, the ATF notified Morgan that his license would not be renewed. Morgan requested an administrative hearing to review the de- nial. Following a hearing, the hearing officer recommended that Morgan's application be denied, and the ATF ultimately adopt- ed this recommendation. Morgan asked the court to review the ATF's decision. The ATF asked the court for judgment without a trial, which was granted. Morgan appealed, arguing that the ATF's reliance on the township's interpretation of local zoning law was an inappro- priate basis for denying his renewal application. Decision: Affirmed. The case was appealed to the 6th U.S. Circuit Court of appeals. The 6th Circuit rejected Morgan's argument that the lower court's review required it to "independently construe local zoning law" to make a "wholly independent inquiry" as to whether he satisfied the prerequisites for license renewal. Appeals courts reviewed the decisions of lower courts "de novo," meaning that the facts of the case were considered as though being presented for the first time. However, the 6th Circuit stated that "the concept of "de novo" review [did] not confer upon this Court the freestanding authority to decide for itself what a state or local enactment might allow or prohibit. Rather, as a start- ing point, at least, the Court would consult the very same source that the Defendant agency looked to in this case-namely, the local authorities." Essentially, the court's finding was consistent with the doctrine that gave broad discretion to local agencies and boards. With regard to the question of whether the ATF proceeded ap- propriately in denying Morgan's renewal application on the basis of his lack of compliance with local law, the court noted that the ATF had a duty to investigate whether an applicant had established entitlement to a federal firearms license by satisfying the statutory criteria, and reasoned that included ensuring the truthfulness of statements made on the applicant's firearms license. 3 131