Horse Thief Gun CompanyWarning letter Revocation warranted
This gun dealer was cited for 6 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||Mar 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 40.5 hours conducting this inspection. 205 days passed between the assignment and the final review. The licensee received a final outcome of warning letter.
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Compliance. Kansas Priority 3.
Alternate Recommendation : Violations Warning Conference in lieu of Revocation Eric Ford is the sole proprietor and only Responsible Persons on current Type 01 license. This is Licensee’s first compliance Inspection since receiving his license on 2/8/2011. Inspection meets the standards for Revocation under the Adverse Action Policy for violations disclosed during the current inspection. There were five (5) violations incurred at inspection including an identified straw purchased. Even though making a false statement on an ATF F 4473 meets revocation of the license per Adverse Action Policy, Licensee reported that at the time, he was unsure about what constitutes a straw purchase however, agreed to implement controls in order to identify straw purchase further situations. Licensee also agreed to develop a second level of review in order to identify discrepancies in all records. Licensee is a low level dealer only transferring approximately 33 firearms a year. Licensee has had no trace activity since receiving license. Eric Ford admitted being at fault by not exercising his due diligence in maintaining the license and displayed a great concern in the violations cited. Ford expressed a genuine desire to become compliant.
ALTERNATE RECOMMENDATION : Warning Letter - Recall The inspection meets the standard for Revocation under the current Administrative Action Policy, ATF O 5370.1 C (2/21 /2017). The licensee was cited for failing to prevent a straw purchase - Revocation at Sec. 6.f.(5)(c). Additional violations include failure to obtain accurate information on 7% of F4473s - Warning Letter at Sec. 6.c.(3); and failure to record complete and/or any ID on over 14% of F4473s - Warning Letter at Sec. 6.c.(4) & (SI- JUSTIFICATION FOR ALTERNATE: The violations do not appear to support the standard of willfulness or to have negatively affected public safety or firearm traceability. Details of the straw purchase show that the actual buyer marked “yes” to 11 i - MCDV conviction, and received a delayed response from NICS . The licensee explained he allowed the buyer’s father to complete a separate transfer and take possession of the firearm because it was part of a NWTF event. NICS proceeded actual buyer a few days later and lOI’s secondary background check confirmed the he is not prohibited. This was the licensee’s first compliance inspection. He is a low-volume dealer, who does not maintain an inventory, and transfers less than 50 firearms annually. Additionally, the licensee is redacted and would be unable to attend a warning conference as his unit is deploying in the next month to Afghanistan for at least 9 months. AO would conduct a recall inspection within the next 2 years. AS reviewed: 4/26/17 Sent to DIO : 4/26/17 DIO concurs: 4/26/17 WL sent: 4/26/17 Recall staged Pll sent 4/26/17
Concur with alternate for warning letter.
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 6 violations.
|1||478.128(c)||False statement or representation by a licensee regarding any information or records required by the Gun Control Act. This carries a maximum penalty of a $1,000 fine and/or one year imprisonment. 🔗|
|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 »