Lynn Man Convicted for Illegally Transporting Firearms From Alabama to Massachusetts

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Drizzt

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News: Lynn Man Convicted for Illegally Transporting Firearms From Alabama to Massachusetts, Reports U.S. Attorney

BOSTON, March 3 /PRNewswire/ -- A Lynn man was convicted yesterday in federal court of illegally transporting five firearms from the State of Alabama to the Commonwealth of Massachusetts.

United States Attorney Michael J. Sullivan; William J. Hoover, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives in New England; Kathleen O’Toole, Commissioner of the Boston Police Department; Robert St. Pierre, Chief of the Salem Police Department; and John Suslak, Chief of the Lynn Police Department, announced that DEXTER BROWN, age 36, of 65 Timson Street, Lynn, Massachusetts, and formerly of 51 Greenwood Street, Peabody, Massachusetts, pleaded guilty yesterday before U.S. District Judge Richard G. Stearns to a two-count Superseding Indictment, charging him with illegally transporting firearms from Alabama to Massachusetts.

At yesterday’s plea hearing, the prosecutor told the Court that, had the case proceeded to trial, the Government’s evidence would have proven that between July 15, 2002 and August 22, 2002, BROWN, transported into Massachusetts, where he resided at the time, three firearms: two Bryco Arms, Model J25, .25 caliber pistols and a Bersa, Model Thunder 380, .380 caliber pistol.

On or prior to July 15, 2002, BROWN traveled to the State of Alabama for a family funeral. While there BROWN had his aunt, who resided in Faunsdale, Alabama, purchase the three firearms for him at Trade and Traffic, a federally licensed firearms dealer, located in Demopolis, Alabama.

On August 22, 2002, an individual named Antwan Green was arrested in Boston, Massachusetts, for unlawful possession of a Bryco, model J25, .25 caliber pistol bearing an obliterated serial number. The serial number was later restored. ATF records established that the recovered firearm was one of the firearms that BROWN’s aunt had purchased on BROWN’s behalf in Alabama in July.

On August 12, 2002, BROWN again traveled to Alabama and visited relatives there. While there BROWN provided money to his cousin, who resided in Faunsdale, Alabama, to purchase two firearms for him at Trade and Traffic in Demopolis, Alabama. BROWN, transported the guns, two Bryco Arms, Model 38, .38 caliber pistols, back to Massachusetts.

On January 13, 2003, Rashaun Ramsey was arrested in Boston, Massachusetts, for unlawful possession of a Bryco Arms, model 38, .38 caliber pistol. ATF records established that the recovered firearm was one of the weapons BROWN’s cousin had purchased for him in August in Alabama.

On July 23, 2003, a Bryco Arms, model 38, .38 caliber pistol with an obliterated serial number was recovered by a New York City Police detective in a vehicle occupied by three individuals, Rubin McRae, Paul Johnson, and Charles Taylor. The serial number on the firearm was later restored and ATF records established that it was the second weapon that BROWN’s cousin had purchased on his behalf.

On June 3, 2004, BROWN was arrested by ATF agents and Salem Police detectives in the parking lot of Home Depot in Salem, Massachusetts. Following his arrest, and after waiving his Miranda rights, BROWN admitted to the agents that he had his aunt and cousin, both of whom resided in Alabama, purchase five firearms for him in the summer of 2002, which BROWN stated he later transported back to Massachusetts.

Although BROWN was licensed in Massachusetts to carry a firearm at the time he acquired the five firearms, he was not a licensed importer, manufacturer, dealer, or collector, and as such, was prohibited from transporting the aforementioned firearms into the Commonwealth of Massachusetts.

Judge Stearns scheduled sentencing for June 8, 2005. BROWN faces up to 5 years’ imprisonment, to be followed by 3 years of supervised release, and a $250,000 fine on both counts of transporting firearms from outside the State into the Commonwealth of Massachusetts.

The case was investigated by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the Boston, Salem and Lynn Police Departments. It is being prosecuted by Assistant U.S. Attorney Antoinette E.M. Leoney in Sullivan’s Major Crimes Unit.

http://www.mysan.de/article47652.html

So, the way I read this, the charges do not relate to the guns being used in a crime, or whether or not he sold them to someone who wasn't supposed to own a gun, but simply because he brought the guns from Alabama to Mass?
 
No, the charges must be Federal, not State, because he was prosecuted by a US attorney in Federal court, not a State court, and the investigation was by the ATF, not by Massachusetts authorities. I suspect the charge would involve illegal dealing in firearms (i.e. without a FFL), and possibly knowingly supplying a firearm to someone disqualified from owning one. There is probably a State charge thrown in, under Massachusetts legislation, but this will be over and above the Federal charges.
 
They were straw purchases, he knowingly circumvented the law. He transported firearms in interstate commerce without a FFL. That is illegal. Had he retained possession of the firearms and it was legal for him to possess them in Mass., then he would not have been charged.
 
Had he retained possession of the firearms and it was legal for him to possess them in Mass., then he would not have been charged.

No but he and his folks that brought the gun would have been charged with doing straw purchases, IF they got caught.

The serials were restored? Something tells me that the serial was in more places than the guy thought.

Some guns do have the SN in more then one place. But there are technices to restore the SN.

-Bill
 
The pistols would not have been legal for him to bring in to MA. In 1998 the a law was passed that any handgun sold in MA had to be on an approved list. Hand guns that where in the state prior to 1998 where granfathered in and OK to sell. But you can not import and handgun into this state if it is not on the approved list. So even if he tried to go through a FFL to transfer them in to his name, the FFL could not do it because the handgun are not on the approved list. But anyway what this guy did was wrong.
 
I realize the legal issues involved, but those aside, I am trying to figure out motive.
A total of five Bryco pistols bought at a retail store and then resold? There could not have been a profit motive here!
 
Mass misinformation

"They were straw purchases, he knowingly circumvented the law. He transported firearms in interstate commerce without a FFL. That is illegal. "

True. Making the following statement a non sequitor:

"Had he retained possession of the firearms and it was legal for him to possess them in Mass., then he would not have been charged."

NO! The straw purchase was illegal, the interstate transfer was illegal, the subsequent sale was almost certainly illegal (do you really think each was licensed and the paperwork filed?) and the destruction of serial numbers (presumably done by him) was also illegal.

"But you can not import and [sic] handgun into this state if it is not on the approved list."

Not exactly true. You CAN bring in guns that you own when you move into the state. You can SELL those handguns privately once IN the state. The AFR only applies to dealers.

Confused yet? :eek:
 
Besides the obvious issues that have been commented on, I find it interesting that no charges were brought against the straw buyers (or at least none were mentioned in the press release). The BATF&E frequently tell us about straw buyer cases, but never seem to do anything to stop the practice. I wonder why? :scrutiny:
 
"The serials were restored? Something tells me that the serial was in more places than the guy thought."

I hear that stamped marks can sometimes be raised after being scratched off by polishing the surface and etching it with acid.

Tim
 
There are lots of techniques for doing it just watch CSI. It would seem that once you buy a gun illegally, dremel off the serial number (which is a violation of the NFA in itself) and sell it to someone who uses it in a crime, that you're probably not a good guy. Just call me judgemental.
 
Bear Gulch:

Is clearly right, and I doubt that the probable seller is one of the good guys. But in all fairness we don't know if it was the seller - or the buyer that removed the numbers. We also don't know how many hands the guns passed through before they were recovered. What we can be sure of is that the BATF&E's press release is self-serving, and only tells their side of the story.
 
Kingson, 'The pistols would not have been legal for him to bring in to MA.' true, BUT you are quoting a state law. The article states that he was convicted in federal court and under federal law taking guns you own to your state of residence is not an illegal act.

Tory, we only know that his aunt and cousin purchased the firearms. They could have been given to him as gifts and that is not a 'straw purchase'. BATF only addresses the sale of a firearm to an out of state resident as being interstate commerce. A gift is not a sale and not commerce. The fact that he gave the money to his cousin to buy them made them a straw purchase and not a gift, but, as I said, had be retain possession of them and claimed that they were gifts then no charges would have been filed.
 

Tory, we only know that his aunt and cousin purchased the firearms. They could have been given to him as gifts and that is not a 'straw purchase'. BATF only addresses the sale of a firearm to an out of state resident as being interstate commerce. A gift is not a sale and not commerce. The fact that he gave the money to his cousin to buy them made them a straw purchase and not a gift, but, as I said, had be retain possession of them and claimed that they were gifts then no charges would have been filed.


No, charges would have still been filed. For example:

My parents live in Florida. I'm visiting them. My mother gives me a birthday gift of a brand spanking new HK USP. I cannot take possession of it due to the federal laws on residents of two different states transferring firearms to each other. The only legal method is to send it via FedEx or UPS to an FFL in the state of Washington for me to take possession of it when I get back to the state of Washington.
 
Non sequiturs ad nauseum

"Tory, we only know that his aunt and cousin purchased the firearms."

Wrong. We know that he GAVE MONEY TO RELATIVES to purchase firearms that HE ASKED THEM TO BUY. Why? Because, as a non-resident, he could not lawfully purchase them in Alabama.

"They could have been given to him as gifts and that is not a 'straw purchase'."

See above.... :rolleyes:

"BATF only addresses the sale of a firearm to an out of state resident as being interstate commerce. A gift is not a sale and not commerce."

Wrong - again. Federal law controls the interstate transfer of firearms. Even a gift would have to go through an FFL in the recipient's state. The only exception is inheritance.

"The fact that he gave the money to his cousin to buy them made them a straw purchase..."

Thus disproving your own prior assertions. :uhoh:

"...as I said, had be [sic] retain [sic] possession of them and claimed that they were gifts then no charges would have been filed."

No, no, no. You continue to ignore the Federal laws controlling interstate transfers. You continue to mistate law and ignore fact.

Get back to us when you've successfully completed a reading comprehension course. Do it for yourself, before we see YOU in such a headline. :eek:
 
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