Erwin, Gary ScottWarning conference Revocation warranted
This gun dealer was cited for 10 violations. The inspection resulted in a warning conference.
A warning conference is held when a licensee has significant or repeat violations. During the conference, an area supervisor offers the licensee specific guidance on how to achieve compliance.
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.
ATF data indicates that this license is no longer active.
|Type||Dealer in firearms|
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 113 hours conducting this inspection. 265 days passed between the assignment and the final review. The licensee received a final outcome of warning conference.
Hover over underlined text to see definitions of common terms.
Warning Conference held 9/1/2015.
Violations and Revocation Recommendation is based on: 1) Licensee has shown plain indifference and willful disregard to the regulatory requirements of the Gun Control Act after repeated instruction. Licensee has exhibited multiple repeat violations of the same regulations over multiple inspections. Documentation shows Licensee discussed past violations with Industry Operations Investigators ( IOI ) during past inspections and the current inspection reveals repeated similar violations with significant increase in the number of occurrences. 2) Licensee failed to create acquisition or disposition records for multiple firearms. 3) Licensee failed to retain seven (7) ATF Forms 4473 for transferred firearms for the period of time specified by regulation and is a repeated violation. 4) Licensee failed to account for redacted firearms where records indicate the firearms were in inventory within the previous 5 years for which disposition of said firearms could not be accounted for in required GCA records. Licensee has exhibited plain indifference and reckless disregard for the legal obligations required of dealing firearms under the Gun Control Act. Licensee has multiple violations repeated from each of the preceding inspections. Seven (7) violations cited in 2014 were repeated in the recall inspection conducted in 2015. Eight (8) violations cited in the 2015 recall inspection were repeated again in the current 2017 recall inspection. Eight (8) violations were cited in all three inspections, repeated in greater frequency from 2015 to 2017. Licensee’s errors have increased in frequency even after repeated warnings and explanation of the severity of repeated failures. Licensee was informed of the severity of the violations in a Warning Letter (2014), at a Supervisor Held Warning Conference on 9/1/2015 and a certified letter sent as follow up to that Warning Conference. Licensee stated during the Warning Conference a procedure to improve compliance with regulatory requirements for each violation. In each case, for each subsequent repeated violation cited, Licensee failed to adhere to his stated plan for improvement. Revocation of the Federal Firearms License for Gary Scott Erwin is recommended based on Licensee’s willful disregard of the known legal obligations required of Dealers in firearms other than Destructive Devices as set forth in the Gun Control Act.
Based on IOI redacted inspection, it appears licensee has shown plain indifference and willful disregard to the regularly requirements of the GCA . Licensee's operations have not improved since issuance of FFL in October 2011. Of the nine cited violations, eight were repeat from the 2015 inspection. In addition, seven violations cited in the 2014 inspection were repeat violations during the 2015 inspection. Specifically, IOI redacted inspection demonstrates that licensee willfully violated the regulations governing the dealing, in firearms other than destructive devices by failing to ensure the ATF Form 4473 was completed redacted instances and in failing to make required entries in his A&D Book redacted instances. IOI redacted inspection and the licensee's previous history demonstrate a recklessly or plain indifference to the law with which he was familiar, and in which he received training by review and signature of the Acknowledgment of Federal Firearms Regulation form conducted at each inspection.
Despite licensee’s continued lack of improvement, there were no sales to prohibited persons or traces associated with the missing firearms. DIO is recommending a DIO Held Warning Conference to reinforce the importance of attaining improvement and if future inspections do not disclose improvements, revocation of license will be sought.
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 10 violations.
|1||478.21(a)||Failure to provide all of the information called for in required forms. 🔗|
|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||478.124(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)(4)||Failure to record on Form 4473 the manufacturer, importer, type, model, caliber or gauge, and serial number of the firearm being transferred. 🔗|
|7||478.102(a)||Failure to conduct or complete a NICS check before transferring a firearm. 🔗|
|8||478.126a||Failure to report the sale of two or more pistols or revolvers to an individual during five consecutive business days. 🔗|
|9||478.129(b)||Failure to retain Forms 4473 for the required duration of time. 🔗|
|10||478.125(e)||Failure by a dealer to properly maintain a record of the receipt and disposition of firearms. 🔗|
Source: Bureau of Alcohol, Tobacco, Firearms and Explosives. About the data »