Frey, Elmo L Jr
Jakes Gun ShopWarning conference Revocation warranted
This gun dealer was cited for 3 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ATF data indicates that this license is no longer active.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 145.5 hours conducting this inspection. 129 days passed between the assignment and the final review. The licensee received a final outcome of warning conference.
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CONDUCT DE RECALL DEALER COMPLIANCE INSPECTION UTILIZING GUIDELINES SET FORTH IN THE IOI MANUAL. RECALL INITIATED DUE TO AREA SUPERVISOR WC .
As a result of a DE Compliance Recall Compliance Inspection, a Report of Violations was issued for violation or 27 CFR 478.124(c)(1) REPEAT, 27 CFR 478.126a REPEAT, and 27 CFR 478.125(e) REPEAT. The licensee has previously been the subject of a warning conference within the last five years (2015) and the violations disclosed from the current inspection warrants a warning conference for similar violations. The licensee failed to execute and submit ATF Form 3310.4/Report of Multiple Sales or Other Disposition of Pistols and Revolvers, for the sale of redacted or more handguns at one time, or within a five (5) business day period redacted instances involving redacted guns. This violation also occurred during the 2013 compliance inspection on redacted occasions involving redacted handguns, and during the inspection in 2015 redacted occasions involving redacted handguns. The licensee stated in 2013 that he ran out of multiple sale forms, that he did not have the time in 2015 to complete the required multiple sale form, and during the current inspection that he meant to do it but did not get around to it. Additionally, during the Area Supervisors Warning Conference held on 5/27/2015, the licensee signed a corrective action plan stating he would file the required multiple sale form by the close of the business on the day that the multiple sale occurred and would implement a calendar system to track multiple sales in order to prevent future violations as such. As a result of the current inspection, it was determined that the licensee neither filed the required forms for the multiple sale of handguns nor implemented the calendar system to track such sales as he stated he would. The licensee disposed of approximately redacted firearms during the review period and was unable to account for redacted firearm which was reported missing to the NTC on 10/28/16 and the licensee was able to account for the missing firearm on 11/25/16 which was transferred to another FFL and reported such firearm recovered to NTC. The licensee had redacted firearms successfully traced during the review period and none of redacted handguns involved in the erroneous multiple sales received any hits in NCIC. There were redacted ATF Forms 4473s with errors out of the redacted forms reviewed. In view of the repetitive violations disclosed and disregard to implement corrective action to prevent such violations, it is recommended the subject license be revoked.
On this second Recall compliance investigation, three (3) repeat violations were found, including unreported multiple handgun sales (i.e. redacted involving redacted firearms), which given the licensee’s compliance history (i.e., a WL in 2013, and an Area Supervisor WC in 2015), by policy, subjects the license to revocation if willful . However, considering the business activity of this licensee, no evidence of straw sales or trafficking was found, nor unresolved traces or missing inventory, or transfers to prohibited individuals, or apparent threat to the public safety, and in consideration of Division Counsel’s opinion, a DIO WC in lieu of revocation is deemed appropriate 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||478.124(c)(1)||Failure to obtain a Form 4473 showing the transferee's name, sex, address, date and place of birth, and other required information. 🔗|
|2||478.126a||Failure to report the sale of two or more pistols or revolvers to an individual during five consecutive business days. 🔗|
|3||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 »