MEW Sporting Goods says ATF wrongfully denied firearms license

CLARKSBURG – MEW Sporting Goods, LLC, is suing the Director of Industry Operations of the Louisville Field Division of the Bureau of Alcohol, Tobacco, Firearms & Explosives for denying its application for a license as a dealer.

David D. Johansen is the Director of Industry Operations at the Louisville Field Division of the ATF.

MEW Sporting Goods was formed on Jan. 31, 2012, with Mark Walsh as its sole owner, according to a complaint filed Jan. 23 in the U.S. District Court for the Northern District of West Virginia.

MEW applied to the Bureau of Alcohol, Tobacco, Firearms & Explosives on an ATF Form 7 Application for Federal Firearms License for a license as a dealer, including pawnbroker, in firearms other than destructive devises, which was denied, according to the suit.

MEW claims it timely requested a hearing pursuant to U.S. code, which was held on Oct. 18, and on Dec. 5, MEW received a final notice of denial of application from Johansen.

In the final notice, Johansen found that MEW’s owner, Mark Walsh, willfully violated U.S. code when he “intentionally omitted the name of Teresa Walsh as an owner and responsible person...in the ATF Form 7,” according to the suit.

MEW claims Teresa Walsh was not, and never has been, an owner or responsible person for the business.

Teresa Walsh could only hire employees with approval, and at the direction of, Mark Walsh, according to the suit, and was not an owner.

MEW is seeking for the Court to decide that Johansen erred and was not authorized to deny MEW’s application and order Johansen to withdraw the denial. It is being represented by Richard E. Gardiner and James B. Zimarowski.

U.S. District Court for the Northern District of West Virginia case number: 1:13-cv-10