Harden, Donald D.
Don's Firearm RepairWarning letter
This gun manufacturer was cited for 8 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||Manufacturer of firearms|
|Expiry||Jun 1, 2024|
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 46 hours conducting this inspection. 232 days passed between the assignment and the final review. The licensee received a final outcome of warning letter.
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Alternate Recommendation : Violations Warning Conference in lieu of Revocation Donald Harden 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 4/20/2012. Inspection meets the standards for Revocation under the Adverse Action Policy for violations disclosed during the current inspection. There were eight (8) violations incurred at inspection including a transfer of firearm without conducting a NICS check on a non-licensee. Even though transferring a firearm to a non-licensee without properly conducting a NICS check meets revocation of the license per Adverse Action Policy, Licensee thought he could use a conceal and carry firearms permit from any state in lieu of NICS. Licensee also agreed to develop a second level of review in order to identify discrepancies in all records. This was Licensee's first complience inspection. Licensee is a low level dealer only transferring approximately 127 firearms a year, which includes 80% of them being gunsmith repairs. Licensee has had no trace activity since receiving license Donald Harding admitted being at fault by not exercising his due diligence in maintaining the license and displayed a great concern in the violations cited. Harding expressed a genuine desire to become compliant.
ALTERNATE RECOMMENDATION : Warning Letter - Recall The inspection meets the standard for Warning Conference under the current Administrative Action Policy, ATF O 5370.1 C (2/21 /2017). The licensee was cited for conducting business at locations not authorized as an extension of the licensed business premises - WC at Sec. 6.d.(e). The licensee failed twice to give notice of a change in premises (rental home) since obtaining his FFL in 2012. The licensee was also cited for his failure in redacted) instance to conduct a NICS check (buyer not prohibited) - WL at Sec. 6.c.(11). Additional form violations do not rise to the level of administrative action, JUSTIFICATION FOR ALTERNATE: The violations do not appear to support standard of willfulness and did not negatively affect public safety or firearms traceability. This was the licensee’s first compliance inspection since obtaining the FFL is 2012. The violation for “no NICS" check involved the licensee incorrectly accepting an out-of-State (CO) CCW - buyer was not prohibited. Additionally, the licensee operates a home-based gunsmithing business, but does not own his residence. The licensee acquires/disposes of approximately 150 firearms annually. There were no traces and no inventory discrepancies. The licensee was responsive and cooperative, and immediately corrected the discrepancies. A recall inspection would be conducted in FY 2019. AS review: 5/23/17 Sent to DIO : 5/23/17 DIO concurs: 5/24/17 WL sent: 5/24/17 Recall staged / Pll sent 5/24/2017
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 8 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)(3)(iv)||Failure to record the date NICS was contacted and the NICS response on Form 4473. 🔗|
|4||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. 🔗|
|5||478.124(c)(5)||Failure of the licensee to sign or date a Form 4473. 🔗|
|6||478.52(a)||Failure by a licensee to file an Application for an Amended Federal Firearms License within 30 days before moving the business to a location. 🔗|
|7||478.102(a)||Failure to conduct or complete a NICS check before transferring a firearm. 🔗|
|8||478.124(c)(3)(i)||Failure to obtain identification from a transferee or document it on Form 4473. 🔗|
Source: Bureau of Alcohol, Tobacco, Firearms and Explosives. About the data »