Higby, Wesley R.
Higby Bros Gun Shop #1
Warning letterThis 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ATF data indicates that this license is no longer active.
Address
403 Main St.
Lebanon, KS 66952
Smith County
License
Number | 5-48-183-01-8B-01908 |
Type | Dealer in firearms |
Expiry | License inactive |
Inspection Timeline
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 .
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 10 violations.
Citation | Description | |
---|---|---|
478.125(e) | Failure by a dealer to properly maintain a record of the receipt and disposition of firearms. 🔗 | |
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. 🔗 | |
478.21(a) | Failure to provide all of the information called for in required forms. 🔗 | |
478.124(c)(3)(i) | Failure to obtain identification from a transferee or document it on Form 4473. 🔗 | |
478.124(c)(3)(iv) | Failure to record the date NICS was contacted and the NICS response on Form 4473. 🔗 | |
478.102(d)(1)(ii) | Accepting an invalid permit or license in lieu of a background check. 🔗 | |
478.131(a)(2) | Failure to retain a copy of a purchaser's permit or license for a background check-exempt transaction. 🔗 | |
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. 🔗 | |
478.124(c)(5) | Failure of the licensee to sign or date a Form 4473. 🔗 | |
478.100(a)(1) | Conducting business away from the licensed premises. 🔗 |
Source: Bureau of Alcohol, Tobacco, Firearms and Explosives. About the data »