Kern, Kurt L
Warning letterThis gun dealer was cited for 1 violation. 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ATF data indicates that this license is no longer active.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
141 W Brewster Rd
Butler, PA 16001
Butler County
License
Number | 8-25-019-01-8C-01965 |
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 57 hours conducting this inspection. 57 days passed between the assignment and the final review. The licensee received a final outcome of warning letter.
Hover over underlined text to see definitions of common terms.
redacted (PH# redacted) called the Pittsburgh A/O and advised that the licensee's PICS I.D. has been suspended since 2009 for his failure to submit redacted PA Record of Sales Forms. He advised that the PICS I.D. will remain in suspension until these forms are received. redacted stated that he has spoke to the licensee regarding these forms and, so far, he has been unable to produce them. Please pursue surrenderance of the FFL . At this point, it does not appear as though he will be issued a PA License to Sell Firearms any time soon. Voluntary Surrenderance should be pursued, and consideration of reissuance can be considered once all PICS issues are resolved.
Ul# 766060-2016-0332-BIB FFL # 8-25-01965 Licensee: Kem, Kurt L. Dates of Inspection: 03/16/2016-04/08/2016 Scope of Inspection: DE Full Compliance (Type 01 FFL) Time Frame of Inspection: 03/16/2015-03/16/2016 Recommendation: Violation; ROV ; WL ; NO Recall SIOI: redacted A/S Comments: From 03/16/2016-04/08/2016, SIOl redacted completed a DE Full Compliance Inspection at the licensed premises of Kurt L. Kem. This inspection was prompted by a phone call from redacted, Audit Supervisor with PSP/PICS. redacted stated that the licensee has been suspended from the PICS system since late 2009 due to his failure to submit redacted PA Records of Sales Forms from 2008. Mr. redacted asked Pittsburgh Group III to conduct an inspection and look into the matter further. redacted advised Pittsburgh Group III that, if the licensee could compile buyer identification information from the 2008 ATF Form 4473s needed for the missing PA Record of Sales forms, he would lift the suspension. During his inspection, SIOI redacted discovered that, due to his PICS suspension, the licensee had not conducted any business since 2009 nor did the licensee have any inventory on hand. This inactivity was verified by SIOI redacted review of the licensee’s A&D Record Book. Additionally, SIOI redacted asked to review the licensee’s ATF Form 4473s dating back to the inception of the FFL in 2006. SIOI redacted advised the licensee that he could use the buyer information from the 4473s to provide in lieu of the missing redacted PA Records of Sales Forms. The licensee stated that he did not have any ATF Form 4473s as thy, along with the PA Record of Sales Forms, were all taken by a PICS Auditor during an audit conducted sometime after the previous ATF Compliance Inspection of 2011. redacted was made aware of these comments, and he advised that a PICS Auditor would never take the forms. A search conducted by the ATF OOB Records Center confirmed that they had never received the forms either. SIOI redacted attempted to convince the licensee to voluntarily surrender his Type 01 FFL. The licensee refused stating that he still hopes to have the PICS suspension lifted. At that point SIOI redacted provided the licensee with the information he needed to provide PICS in order to have the suspension lifted. He then directed the licensee to redacted for any questions or concerns. Based upon these findings, SIOI redacted cited the licensee for the following violation: 27 CFR 478.129(b): The licensee failed to retain a total of redacted ATF F 4473s from the current FFL issuance date of February 6, 2006 through the last ATF inspection on November 22, 2011. Per the Adverse Action Order, SIOI redacted recommended a WL with NO Recall Inspection. A/S Recommendation: Violation; ROV; WL; Recall Inspection A Warning Letter is appropriate based upon the AA Policy which states that a Warning Letter is warranted for "Missing redacted Forms 4473 for transactions with non-licensees that are documented in the A&D Record or other business records." Also, based upon inspection history, a Warning Letter is appropriate because the current inspection resulted in the citation of a new, non-repeat, dissimilar, violation. A Recall Inspection would be appropriate to follow up on the licensee’s efforts to gain compliance with PICS and to also ensure he is not transferring firearms without a valid, active PICS I.D. **A Warning Letter will be issued via Certified Mail on 05/02/2016.
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 1 violation.
Citation | Description | |
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478.129(b) | Failure to retain Forms 4473 for the required duration of time. 🔗 |
Source: Bureau of Alcohol, Tobacco, Firearms and Explosives. About the data »