Kutak Rock partners Joe Kavan and Michael Brown authored the article, “Don’t Risk Profits with Poor ATF Compliance” for the Summer 2020 issue of National Pawnbroker Magazine, the official publication of the National Pawnbrokers Association.

The article covers several simple steps firearms dealers can take to ensure success when an ATF inspection is conducted, the ways a dealer might become involved in firearms-related litigation, and the importance of utilizing the resources available to avoid problems before they arise.

Compliance with the Gun Control Act (GCA) and federal regulations is the law, but if a firearms dealer takes compliance seriously and invests the time to be prepared, they shouldn’t need to worry about an ATF inspection. The authors explain the importance of employing best practices and robust employee training to minimize the exposure to risk of firearms litigation, which could include a firearm being discharged on the owner’s property or injuries sustained as a result of a sold firearm, which typically involve claims of negligence on the dealer’s part. 

The authors remark, “Always remember, the best defense available to you is to avoid problems before they arise. Remember that compliance extends to all aspects of your business.”

Read "Don't Risk Profits with Poor ATF Compliance" here.

Joe Kavan and Michael Brown spoke at the 2019 Pawn Expo, the only national convention and trade show for the pawn industry. They were scheduled to present an educational seminar about firearms dealer liability at the expo this year before it was cancelled due to COVID-19. 

Joe Kavan is the founder and chair of the firm’s National Firearms Practice Group. He represents entities involved in the firearms industry in their licensure, regulation, structure, organization, financing and ongoing compliance.

Michael Brown represents regional and national firearms dealers, ammunition and accessory manufacturers and firearms manufacturers, providing advice and counsel regarding licensing and compliance matters, corporate restructuring, point-of-sale compliance, general contract review, acquisition and expansion, and defense of legal claims.