Ogc Tactical LLCWarning conference Revocation warranted
This gun dealer was cited for 8 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.
|Type||Dealer in firearms|
|Expiry||Aug 1, 2021|
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 230 hours conducting this inspection. 352 days passed between the assignment and the final review. The licensee received a final outcome of warning conference.
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CONDUCT FULL DE COMPLIANCE INSPECTION. FFL IS AN SOT-PAYER. CHECK FOR OUT OF STATE STORAGE AND MAKE APPROPRIATE COLLATERAL INVENTORY REFERRAL(S).
Investigator redacted initiated a disposition emphasis compliance inspection at the licensed premises on 4/25/2016. The onsite inspection concluded on 8/19/2016. The licensee was cited on a Report of Violations for the following violations: 27 CFR 478.125(e) - Record of Receipt and Disposition REPEAT OF VIOLATION CITED ON 9/19/2013. Nature of violation - Failure to record required acquisition and disposition information in an Acquisition and Disposition ( A&D ) Record redacted instances. Specifically, failure to record the acquisition of eight firearms in the A&D Record. Failure to record the disposition of redacted firearms in the A&D Record. The licensee was unable to locate disposition information for redacted firearms and filed redacted. 27 CFR 478.21(a) - Forms Prescribed REPEAT OF VIOLATION CITED ON 9/19/2013. Nature of violation - OGC Tactical failed to furnish or obtain all information as required by headings and instructions on redacted ATF Forms 4473 . On redacted occasions, the licensee failed to provide the seller’s name in item 33 and seller's title in item 35 of ATF 4473. On redacted occasion, the licensee failed to indicate the type of firearm to be transferred in item 18 of ATF Form 4473. On redacted occasions, the licensee failed to provide the total number of firearms transferred in item 30a of ATF Form 4473. 27 CFR 478.124(c)(1) - Firearms Transaction Record REPEAT OF VIOLATION CITED ON 9/19/2013. Nature of violation - OGC Tactical failed to obtain and record all required transferee information on redacted ATF Forms 4473. On redacted occasion, the licensee failed to ensure that the transferee provide their full name in item 1 of ATF Form 4473. On redacted occasion, the licensee failed to ensure that the transferee certify ATF Form 4473 by signing and dating in items 16 and 17. On redacted occasion, the licensee failed to ensure that the purchaser provided a response to item 11I of ATF Form 4473, “Are you an alien admitted to the United States under a nonimmigrant visa?” On redacted occasion, the licensee failed to ensure that the transferee provide their state of residence in item 13 of ATF Form 4473. 27 CFR 478.124(c)(3)(i) - Firearms Transaction Record REPEAT OF VIOLATION CITED ON 9/19/2013. Nature of violation - OGC Tactical failed to record proper transferee’s identification documents on redacted ATF Form. On redacted occasion, the licensee failed to record any identification document information in item 20a of ATF Form 4473. On redacted occasions, the licensee failed to record an identification document that included the transferee’s current residence address in item 20a and/or item 20b of ATF Form 4473. 27 CFR 478.124(c)(4) - Firearms Transaction Record REPEAT OF VIOLATION CITED ON 9/19/2013. Nature of violation - OGC Tactical failed to record all required firearm identification information on redacted ATF Forms 4473. On both occasion, the licensee failed to record the manufacturer, model, serial number, type, and caliber in items 26 through 30 of ATF Form 4473. 27 CFR 478.124(c)(5) - Firearms Transaction Record REPEAT OF VIOLATION CITED ON 9/19/2013. Nature of violation - OGC Tactical failed to properly sign and/or record the correct date of transfer of a firearm on ATF redacted Forms 4473. On both occasions, the licensee failed to certify ATF Forms 4473 by signing in item 34 and including the date of transfer in item 36. 27 CFR 478.99(c) - Certain Prohibited Sales or Deliveries Nature of violation - On redacted occasion, OGC Tactical transferred a firearm to a purchaser who answered “Yes” in response to item 11c of ATF Form 4473, “Have you ever been convicted in any court of a felony, or any other crime, for which the judge could imprison you for more than one year?” A subsequent background check for the purchaser redacted. 27 CFR 478.126a - Reporting of Multiple Sales of Pistols and Revolvers Nature of violation - Failure to timely or correctly report the sale redacted more pistols, or revolvers, or a combination thereof, on the same day or within five consecutive business days redacted instances. Investigator redacted recommends revocation of the license based on the licensee’s transfer of a firearm to a prohibited person who marked “Yes" on item 11c of ATF Form 4473, “Have you ever been convicted in any court of a felony, or any other crime, for which the judge could imprison you for more than one year?” Refer to the Narrative Report for additional details.
The inspection disclosed a violation that warrants revocation. Specifically, on redacted occasion the licensee transferred a firearm to a purchaser who had answered “Yes” in response to Item 11c of ATF Form 4473 regarding prior felony conviction. A CCH check on the purchaser disclosed that he was prohibited based on 1984 felony grand theft and computer fraud convictions in California. A/S redacted recommends an alternate recommendation of DIO Warning Conference based on the following considerations: the prohibited purchaser presented a copy of a valid Hawaii Permit to Acquire (PTA) issued by the Honolulu PD on 1/13/2016. Investigative efforts disclosed that the purchaser’s conviction was set aside in 2015 per California criminal procedure 1203.4. However, Counsel provided guidance that a set aside/dismissal under 1203.4 PC is not a true set aside for Brady purposes for a felony conviction. The licensee stated that the firearm was transferred based on the PTA presented by the licensee, which caused the licensee to believe that the transfer was lawful. The licensee stated its understanding that a “Yes” answer to a prohibiting question on the ATF Form 4473 should result in the transaction being stopped in all future transactions. Based on the licensee’s stated understanding and intent to avoid a repeat violation, it appears that the licensee can be brought into voluntary compliance. Alternate recommendation forwarded to DIO for review and concurrence.
After reviewing the current inspection documents and report, the nature of the violations, the history of violations, and considering the FFL willingness to make immediate corrections and that traceability was not detrimentally effected, I recommend that a DIO Warning Conference in lieu of Revocation.
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||478.125(e)||Failure by a dealer to properly maintain a record of the receipt and disposition of firearms. 🔗|
|2||478.21(a)||Failure to provide all of the information called for in required forms. 🔗|
|3||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. 🔗|
|4||478.124(c)(3)(i)||Failure to obtain identification from a transferee or document it on Form 4473. 🔗|
|5||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. 🔗|
|6||478.124(c)(5)||Failure of the licensee to sign or date a Form 4473. 🔗|
|7||478.99(c)||Sale or transfer of a firearm to a prohibited person. 🔗|
|8||478.126a||Failure to report the sale of two or more pistols or revolvers to an individual during five consecutive business days. 🔗|
Source: Bureau of Alcohol, Tobacco, Firearms and Explosives. About the data »