FIRESTORM PYROTECHNICS, INC.,

Petitioner,

v. No. 21-9572

STEVEN M. DETTELBACH, in his official capacity as Director, Bureau of Alcohol, Tobacco, Firearms and Explosives and BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES,

Respondents. _________________________________

On Petition for Review of an Order from the Bureau of Alcohol, Tobacco, Firearms and Explosives Docket No. BATF-1:9-UT-027-51-9G-00440 _________________________________

Dillon P. Olson of James Dodge Russell & Stephens, P.C., Salt Lake City, Utah, for Petitioner.

Steven H. Hazel, Attorney (Brian M. Boynton, Principal Deputy Assistant Attorney General; Abby C. Wright, Attorney; United States Department of Justice; Pamela Hicks, Chief Counsel; Melissa Anderson, Associate Chief Counsel; Bureau of Alcohol, Tobacco, Firearms and Explosives, with him on the brief), Washington, District of Columbia, for Respondents.

 Pursuant to Fed. R. App. P. 43(c)(2), Marvin G. Richardson is replaced by Steven M. Dettelbach as Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, effective July 13, 2022. Appellate Case: 21-9572 Document: 010110819629 Date Filed: 03/01/2023 Page: 2

_________________________________

Before CARSON, LUCERO, and ROSSMAN, Circuit Judges. _________________________________

ROSSMAN, Circuit Judge. _________________________________

Petitioner Firestorm Pyrotechnics, Inc. (“Firestorm”) seeks review of a

decision by the Acting Director (“Director”) of the Bureau of Alcohol, Tobacco,

Firearms and Explosives (“ATF” or “Bureau”) revoking Firestorm’s license to

import and sell fireworks. See 18 U.S.C. § 843(d). Firestorm challenges the

revocation decision, maintaining the Director misapplied the willfulness

standard in 27 C.F.R. § 771.42 and 27 C.F.R. § 771.5 and contending further

the Director’s decision is unsupported by substantial evidence. Exercising

jurisdiction under 18 U.S.C. § 843(e)(2), we deny the petition for review.

BACKGROUND1

Firestorm is a fireworks distribution and display company in Springville,

Utah. The company was founded in 2006 by Steven Shriber, who serves as

Firestorm’s President. A small, successful enterprise, Firestorm grew from a

company grossing about $70,000 a year to one conducting approximately

$1,000,000 in business annually. It has put on fireworks displays across Utah

1We draw the facts from the administrative record (“AR”), unless otherwise noted. 2 Appellate Case: 21-9572 Document: 010110819629 Date Filed: 03/01/2023 Page: 3

and neighboring states. Firestorm has four employees, including Mr. Shriber

and his son Scott Shriber.

Because Firestorm handles commercial-grade fireworks, federal law

requires the company to maintain an explosives license. 27 C.F.R.

§ 555.41(a)(1) (2023). As part of the licensure process, the ATF conducted an

initial qualification inspection of Firestorm on May 27, 2010. That same day,

Mr. Shriber signed an Acknowledgment of Federal Explosives Regulations

(“Acknowledgment”). The explosives regulatory regime is comprehensive, and

the Acknowledgment provided an index of federal regulations governing

licensure, including all of those at issue in this case. The Acknowledgment

stated the ATF investigator had “explained [the regulatory and compliance]

information to [Mr. Shriber].” AR at 476. Firestorm received its explosives

license in June 2010. AR at 4; 208.

In 2012, after an ATF license renewal inspection,2 Firestorm was cited

for failing to maintain accurate magazine inventories, in violation of

27 C.F.R. § 555.127. The ATF also identified a violation of 27 C.F.R.

§ 555.45(c)(1)(iv

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