Gun Store Owner's Case Denied in Appeal

A federal appeals court said Thursday that the Bureau of Alcohol, Tobacco and Firearms was correct in shuttering PSMG Gun Co. after they found evidence of multiple gun law violations during an inspection in 2007.

The inspection came after two different customers killed themselves in the store, using firearms from the store.

Paul Giragosian, the gun shop owner claimed through his attorney, Arlington-based Dean Carnahan, that the ATF inspector did not conduct the inspection legally.

The inspection found that Girgosian's records were not up to ATF standards and that he was "manufacturing custom firearms on site without a federal manufacturer's license to do so," according to court records.  Following the inspection, Giragosian's license was revoked.

In its ruling on Thursday, a three-judge panel in US District Court in Boston said that the inspector had "qualified immunity" as a government agent, adding that the search did not violate Giragosian's Fourth Amendment rights

 "They made an absolutely horrible decision," said Carnahan. "They ignored all the arguments."

As for next steps, Carnahan said they are still waiting on an appeal of another decision related to the case, adding: "It would open up all the other cases and maybe that is why they are being vary careful about it."

Police Chief Fred Ryan declined to comment on the matter, but deferred to Town Counsel Juliana Rice who did not immediately return phone calls on Friday.