U.S. retailer Kmart is in the crosshairs for early selling copies of Call of Duty: Modern Warfare 3. Sales of this game are ahead of the advertised street date release for the title.

According to a Kmart employee, the game is arriving in boxes that are apparently tagged for immediate sale. The box did not have the release date info that normally comes on such boxes. Activision can’t be amused by the videos of folks unboxing the game or those copies of the game being sold for outrageous prices on eBay.

We took a look at a Kmart location, and sure enough, the PlayStation 3 version was in the display case for purchase. We didn’t see any Xbox 360 copies of the title (which we found a little strange) and the employee we spoke with knew nothing of the game, the game’s release date, or why they didn’t have the Xbox 360 version of the game.

If you want to snag a copy early, you can try your local Kmart store; but with all of the talk of early sales at Kmart it is possible that they will start pulling the title from shelves, so you had better act quickly and not feel disappointed if you didn’t get it early.