Clayton's Hunting & Fishing, Inc.Warning letter Revocation warranted
This gun dealer was cited for 3 violations. The inspection resulted in a warning letter.
A warning letter is the least severe action the ATF can take against a licensee with compliance issues. The letter advises the licensee to comply with regulations.
The licensee was found eligible for revocation. The majority of licensees whose violations merit revocation under ATF guidelines ultimately receive a lesser penalty from an ATF director of industry operations.
|Type||Dealer in firearms|
|Expiry||Jul 1, 2023|
Compliance inspections are conducted by one or more ATF officers. After the lead investigator submits a recommendation, one or more ATF supervisors will review the inspection and either concur with or adjust the recommendation.
This page contains information about a single inspection conducted between 2015 and 2017. The ATF may have inspected this licensee before and/or after the inspection detailed here.
Officers spent a total of 274.5 hours conducting this inspection. 217 days passed between the assignment and the final review. The licensee received a final outcome of warning letter.
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Conduct DE Recall Inspection utilizing guidelines set forth in the IO Manual. Licensee is a Demand Letter recipient.
As a result of a DE Recall Firearms Compliance Inspection, the licensee was cited for violations of 27 CFR 478.126a REPEAT, 27 CFR 478.124(c)(1) REPEAT, and 27 478.21(a) REPEAT. The licensee has previously been the subject of a DIO Warning Conference within the last five years and the current inspection warrants a Warning Conference for a repeated similar violation (failure to report multiple sales of handguns). Since the last inspection in 2014, the licensee has significantly improved their record keeping. The licensee was required to report the multiple sale of handguns during this inspection period redacted instances and reported such multiple sales of handguns in redacted instances for an error rate of 2.2%. The licensee failed to report multiple sales of handguns involving redacted handguns. All redacted handguns were run through NCIC disclosing no criminal activity. This was an improvement from the last inspection which yielded an error rate of [illegible] of the amount of multiple sale of handguns required to be reported during the inspection period. The licensee is also experimenting with several computer programs to implement to provide a further internal control to eliminate this error. redacted ATF Forms 4473s were found to have errors out of 4444 forms reviewed yielding an error rate of .2%. The licensee also disposed of approx mately 5500 firearms during the inspection period yielding no errors while accounting for all firearms acquired also. It is also to be noted that the licensee was extremely cooperative during the inspection and assisted ATF in generating redacted referrals of information that were accepted by criminal enforcement. In view of the improvement that the licensee has made in an attempt to be compliant, their cooperative attitude in assisting ATF, their ability to account for their firearms despite the large volume of sales, the fact that the recordkeeping errors are attributed to human error, and the licensee's efforts in exploring further internal controls to be compliant, it is recommended that a Warning Letter be issued with no Recall Inspection to be staged alternate to a recommendation of Revocation which is warranted due to the repetitive violation.
On this fifth recall , compliance investigation, 3 repeat violations were found (i.e redacted deficient Forms 4473 , and redacted unreported multiple sales involving redacted HGs), which due to the licensee’s compliance history (i.e., three DIO warning conferences in 2014, 2012 and 2010; one warning letter in 2008, and an Area Supervisor warning conference in 2006), by policy, subjects the license to revocation. However, in light of Division Counsel's opinion, and considering the neglig ble percentage error rate relative to the business volume, and no evidence of straw sales /trafficking, no unresolved traces or missing inventory, no dispositions to proh bited individuals, nor apparent threat to the public safety, a warning letter with Recall in lieu of revocation is deemed sufficient administrative action to address the violations.
If an inspection uncovers regulatory violations, the licensee receives a report outlining these violations. This section lists the violations found in the inspection, as well as a general description of each offense. More details on the nature of the licensee's specific violations may be found in the report PDF.
This licensee was cited for 3 violations.
|1||478.126a||Failure to report the sale of two or more pistols or revolvers to an individual during five consecutive business days. 🔗|
|2||478.124(c)(1)||Failure to obtain a Form 4473 showing the transferee's name, sex, address, date and place of birth, and other required information. 🔗|
|3||478.21(a)||Failure to provide all of the information called for in required forms. 🔗|
Source: Bureau of Alcohol, Tobacco, Firearms and Explosives. About the data »