Higby, Wesley R.
Higby Bros Gun Shop #1Warning letter
This gun dealer was cited for 10 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.
ATF data indicates that this license is no longer active.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 204.5 hours conducting this inspection. 491 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.
JUSTIFICATION: Violations - 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 in Violation-10 for conducting business at a location not authorized as an extension of the licensed business premises (i.e., redacted long guns transferred at a Nebraska gun show) - WC at Sec. 6.d.(4)(e). Additional violations included Violation-1 for failing to timely and accurately maintain the A&D record (>100% error rate) - WL at Sec. 6.c.(1) & (2); and in Violation-6 for failing to contact NICS by accepting CCW permits from NE and UT buyers WL at Sec. 6.c. (11). JUSTIFICATION FOR ALTERNATE : The violations do not appear to support the standards for willfulness . This was the licensee’s first inspection since becoming licensed in 2008. The buyers’ possession of the long guns transferred at the out-of-State gun show do not violate State law. The licensee was receptive to the corrective action and took responsibility for the violations. None of the violations have a nexus to prohibited persons possessing firearms. A recall inspection will be conducted in FY 2019 due to the unforeseen issues that prevented the inspection’s submission in a timely manner. AS review: 2/5/2018 Sent to DIO : 2/5/2018 DIO concurs: 2/6/2018 WL sent / Recall staged: 2/6/2018 PII sent 2/6/2018
Concur with recommendation for Warning Letter and Recall inspection .
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||478.125(e)||Failure by a dealer to properly maintain a record of the receipt and disposition of firearms. 🔗|
|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||478.21(a)||Failure to provide all of the information called for in required forms. 🔗|
|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||478.102(d)(1)(ii)||Accepting an invalid permit or license in lieu of a background check. 🔗|
|7||478.131(a)(2)||Failure to retain a copy of a purchaser's permit or license for a background check-exempt transaction. 🔗|
|8||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. 🔗|
|9||478.124(c)(5)||Failure of the licensee to sign or date a Form 4473. 🔗|
|10||478.100(a)(1)||Conducting business away from the licensed premises. 🔗|
Source: Bureau of Alcohol, Tobacco, Firearms and Explosives. About the data »