The Law Offices of Carson J. Tucker has docketed the filing of another petition in the United States Supreme Court in a contentious case against the Bureau of Alcohol, Tobacco, and Firearms (BATF).
dcv-imports-llc-v-bureau-of-alcohol-tobacco-and-firearms
In this case, BATF shut down a family-run mom and pop fireworks company that has been in business for over 70 years for a single incident of record-keeping failures. The Petition will ask the Supreme Court to finally scrutinize BATF, just one among too many wayward administrative agencies and broken bureaucracies that seek the path of least resistance in trying to justify the reason for their existence.
Firearms lobbyists and Second Amendment advocates will want to look closely at this Petition as it looks to provide a resolution to the technical definition of “wilfully violated” used in the two parallel statutory provisions governing explosives licensing and firearms licensing. BATF has strayed far afield of applying the term “wilfully violated” to include acts of simple negligence and oversight on the part of the regulated business. This is certainly not what the term, which is used to deprive businesses of their right to engage in their livelihoods, was meant to address. BATF has a long history of overreaching and abuse, like many other governmental agencies of the over-regulating, over-spending and under-serving useless bureaucracies spawned in the swamp that is Washington to justify overly burdensome taxes on the American people.
Stay tuned.
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Published by Carson J Tucker, JD MSEL
Owner of law firm since July 2014; Handles all types of appellate matters and assists other lawyers with complex litigation and insurance coverage issues; Admitted to the Supreme Court of the United States, the Sixth Circuit Court of Appeals and the State Bar of Michigan; Expertise in prosecuting and defending appeals with several significant successes in the Sixth Circuit Court of Appeals, the Michigan Supreme Court and the Michigan Court of Appeals; Author of briefs amicus curiae in the Michigan Supreme Court for the Michigan Defense Trial Counsel and the Insurance Institute of Michigan; Represents Insurance Companies, Major International Business, Governmental Entities, Law Enforcement Officers and County Sheriffs.
Board of Directors, Michigan Defense Trial Counsel
Amicus Committee Co-Chair, Michigan Defense Trial Counsel
Military - Retired Major in the Judge Advocate General (JAG) Corps of the United States Army, Brigade Judge Advocate and Staff JAG officer for the Maneuver Training Center, Camp Grayling, Michigan; Recipient of the Army's Meritorious Service Medal (the highest medal of honor available to Soldiers serving in non-combat roles); 2012 Graduate of the Judge Advocate Officer Advanced Course, at The Judge Advocate Legal Center and School, Charlottesville, Virginia.
United States Navy Reserves, Combat Warfare Qualification, January 1989 to July 2003
Former law clerk to Justice Stephen J. Markman, Michigan Supreme Court, Research Attorney, Michigan Court of Appeals. Insurance Coverage Associate Plunkett Cooney; Environmental Law Attorney at Squire Sanders, now Squire Patton Boggs; Master's Degree in Environmental Law; Environmental Law Scholar, ALI/ABA Washington, D.C., Juris Doctorate, Vermont Law School, Environmental Editor, Vermont Law Review; Treasurer and Finalist, Moot Court Advisory Board.
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Amicus Curious 