Phoenix Weaponry LLCWarning 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||Jul 1, 2023|
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 64 hours conducting this inspection. 140 days passed between the assignment and the final review. The licensee received a final outcome of warning letter.
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DE . Manufacturer Program. 100% inventory verification and 12 months ATF Forms 4473 review is required.
The licensee was cited for two violations that warrant any form of AA . The licensee was cited for failing to report multiple handgun sales on redacted occasions which warrants a warning letter as the minumum AA and failing to properly serialize firearms manufactured on redacted occasions, specifically the licensee used a forward slash which is not an ATF approved character. However, traceability of the firearms will not be impacted and neither the GCA or its implementing regulation specify the characters that may be used when marking firearms - the specific marking requirements regarding the use of special characters is only identified through ATF rulings. The licensee believed that the use of forward slashes was acceptable. As such a warning letter and recall is recommended.
Issuing a warning letter in lieu of holding a warning conference is authorized as an alternate recommendation . A recall inspection will be conducted. This is the licensee's first inspection since the license was issued in 2014. A total of eight violations were cited. The licensee failed to properly mark manufactured firearms with proper serial numbers in an acceptable format for redacted firearms. This rises to a warning conference level. In addition, the licensee failed to ensure the acquisition and disposition ( A&D Book) was properly completed in redacted instances. Firearms acquired were not logged into the A&D record and firearms were not logged out of the A&D Record. This equated to a 1.3% acquisition rate and a 4.0% disposition error rate. Further, the licensee failed to complete redacted multiple sales reoprts for redacted firearms, rising to a warning letter level. Concerning ATF Forms 4473 errors, the licensee failed to record valid and complete identification (ID) in redacted instances (1.0% error rate), and failed to ensure the certification section was completed for redacted ATF Forms 4473 equaling a 2.0% error rate. The other ATF Form 4473 error involved the failure to ensure Section D was properly completed on redacted ATF Forms 4473. A warning conference is not necessary to again explain how to properly mark firearms or explain the violations and the corrective actions. This was clearly explained during the closing conference. It is believed the responsible person (RP) legitimately did not know the decimal point or the forward slash "/" could not be used. The traceability of the improperly marked firearms was not in jeopardy during this inspection. The RP is aware of the obligations as this was discussed during the closing conference. A warning letter will suffice to document the RP may want to consider additional internal controls to prevent multiple sales violations in the future and note he must ensure the forms are submitted timely within regulation. The warning letter will also serve as notice the licensee must ensure the A&D Book must always be completed and updated within the required time lines. Finally, the warning letter will document the RP needs to verify all ATF Forms 4473 are always properly completed in all sections and proper ID is documented. A recall inspection will be conducted to ensure the RP is progressing with complying with the regulations.
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||478.92(a)(1)||Failure by a manufacturer or importer to mark frames or receivers with required information. 🔗|
|2||478.123(a)||Failure by a manufacturer to maintain an accurate record of firearms manufactured or acquired. 🔗|
|3||478.123(b)||Failure by a manufacturer to maintain an accurate record of dispositions to other licensees. 🔗|
|4||478.123(d)||Failure by a manufacturer to maintain an accurate record of dispositions to non-licensees. 🔗|
|5||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. 🔗|
|6||478.124(c)(3)(i)||Failure to obtain identification from a transferee or document it on Form 4473. 🔗|
|7||478.124(c)(5)||Failure of the licensee to sign or date a Form 4473. 🔗|
|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 »