Eberhard Ballistics, LLCWarning letter
This gun dealer was cited for 7 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.
|Type||Dealer in firearms|
|Expiry||Sep 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 38 hours conducting this inspection. 71 days passed between the assignment and the final review. The licensee received a final outcome of warning letter.
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TO BE CONDUCTED CONCURRENTLY WITH TYPE 07 LICENSE.
*Recommendation This is the licensee’s first compliance inspection since beginning business in August of 2014. The licensee was cited for seven violations and a Report of Violations was issued to the licensee. Two of the cited violations, 27 CFR 478.124(c)(3)(i) & 27 CFR 478.124(a), rises to the level of Warning Letter. * IOI redacted issued a Report of Violations ( ROV ) and recommends a Warning Letter and Recall Inspection to be inspected in the future. This firearms compliance inspection was conducted in accordance with the Industry Operations Manual and any Special Instructions. On November 15, 2016, Industry Operations Investigator (IOI) redacted initiated an unannounced compliance inspection of Eberhard Ballistics LLC. Mr Richard Hornay, Owner/ Responsible Person , was present and interviewed during the inspection. Mr. Hornay provided his redacted Driver’s License, redacted, as proof of identification. The period of inspection consisted of 11/15/2015 through 11/15/2016. Eberhard Ballistics LLC maintains two Federal Firearms Licenses for their firearms business. Eberhard Ballistics LLC maintains a Dealer License ( FFL #43506094) and a Manufacturer License (FFL#43505937). IOI redacted conducted this dealer compliance inspection in conjunction with a compliance inspection for manufacturer license, Ul#773075-2017-0022-B1B. The closing conference was held on 11/18/2016 with Mr. Hornay. An ATF Form 5030.5, Report of Violations, was issued and the applicable law, regulations and recordkeeping requirements were reviewed.
This is the licensee's first compliance inspection since beginning business. Out of the seven (7) violations cited, two (2) violations rise to the level of a warning letter for failing to obtain any identification and failing to complete ATF Forms 4473 for transfers to a LLC member. A warning letter and recall inspection are recommended. On 01/17/2017 a warning letter was mailed certified return receipt requested mail. On 01/24/2017 the return receipt was received in the area office.
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 7 violations.
|1||478.125(e)||Failure by a dealer to properly maintain a record of the receipt and disposition of firearms. 🔗|
|2||478.21(a)||Failure to provide all of the information called for in required forms. 🔗|
|3||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. 🔗|
|4||478.124(c)(3)(i)||Failure to obtain identification from a transferee or document it on Form 4473. 🔗|
|5||478.124(c)(3)(iv)||Failure to record the date NICS was contacted and the NICS response on Form 4473. 🔗|
|6||478.124(c)(5)||Failure of the licensee to sign or date a Form 4473. 🔗|
Source: Bureau of Alcohol, Tobacco, Firearms and Explosives. About the data »