Sell to a Felon, Go Away for a Long Time

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Birddog1911

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Stumbled on this on the BATFE site:

GRAND RAPIDS, Michigan – Jack William Sherman, age 24, of Battle Creek was
sentenced to 110 months in federal prison for his conviction of selling or otherwise disposing of a
firearm to a felon, U.S. Attorney Donald A. Davis announced today. In addition to his prison
sentence, the Hon. Paul L. Maloney, Chief U.S. District Judge, ordered Sherman to serve three years
of supervised release. Mr. Davis was joined in the announcement by Special Agent in Charge
Thomas E. Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”).
The information presented to the court at the time of Sherman’s guilty plea established that,
in April 2005, Sherman provided Genail Quincy Postley, Jr. with a Mossberg 12-gauge shotgun
knowing that Postley was a convicted felon.
Sherman admitted that he gave Postley the shotgun to
help him “hustle,” which Sherman described as selling drugs or making money in other ways.
Shortly thereafter, on May 9, 2005, Postley used the shotgun to kill Battle Creek Police Detective
LaVern Brann and wound Detective Greg Huggett when the detectives sought to question Postley
about a murder of a taxi driver. Postley fled the area, leading law enforcement on a statewide
manhunt until he was arrested in Dearborn, Michigan, on May 10, 2005. ATF agents were able to
trace the shotgun to Sherman’s grandparents, which provided law enforcement with valuable
information concerning Sherman’s arming of Postley shortly before the fatal shooting. Postley was
convicted in 2007 of murdering Detective Brann, and later pled no contest to the murder of the taxi
driver.
U.S. Attorney Davis said, “This case is a tragic reminder of the vital importance of keeping
legal firearms out of the hands of convicted felons. The ATF and the United States Attorney’s
Office will vigorously investigate and pursue any individual who knowingly provides a felon with
a firearm. When someone arms a criminal with a weapon, the entire community is put in danger.
Anyone who provides a known felon with a firearm or who buys a firearm for a criminal as a ‘straw
purchaser’ faces a stiff penalty of up to ten years in federal prison.” Mr. Davis commended the
extraordinary efforts of the numerous federal, state, and local agencies that participated in the
investigation of this tragic shooting, including the ATF Grand Rapids Field Office and the Battle
Creek Police Department.
Special Agent in Charge Brandon stated, "ATF’s number one mission is to reduce violent
crime; and in this case, I believe we did just that. The significant sentence imposed this afternoon
proves that the Project Safe Neighborhoods partnership works to target not only the most violent
criminals but also the suppliers of firearms to those violent criminals.”
The successful prosecution of Sherman was brought as part of the Project Safe
Neighborhoods (“PSN”) initiative. PSN links federal, state, and local law enforcement in a
coordinated effort to deter gun violence and prosecute serious gun crimes in federal court. Citizens
with information concerning illegal guns, gangs with guns, armed drug trafficking or the trafficking

Don't care a great deal for the ATF, but glad that scum is off the streets.
 
He deserved it. He gave the guy the gun knowing full well he was a felon and that the gun would be used for criminal purposes. Then the guy used the weapon he gave him to kill a cop. Absolutely ZERO sympathy.
 
I wouldn't feel sorry for him if they charged him with accessory to murder and sent him away for life. Knowingly arming a felon, knowing full well he's going to use it in violent crime, is culpable in my opinion.
 
10 years is a long time in prison, and will cost us probably more than the harm that would probably have resulted from this action.

I'm glad he was caught, but 10 years is a loooong expensive time, and the guy will come out a hardened criminal, with absolutely no prospects of legitimate work. He'll probably end up robbing banks etc.

I believe in "stepping up" punishments. If this was first offense, strip him of gun rights and if he commits another serious felony, then apply the sentence.
 
"10 years is a long time in prison, and will cost us probably more than the harm that would probably have resulted from this action."

His buddy used the gun to shoot two police detectives, one of whom died. That seems like a lot of harm to me.

Tim
 
I ask simple things to cover myself during a FTF transaction:

"Are you able to legally own this firearm?" and "Are there any laws or restrictions on your ability to legally purchase a firearm?"

As long as they answer, I'm covered either way: good guy answers truthfully, he gets the gun; bad guy lies, gets the gun, gets caught, not my problem, he lied. :)
 
In one way, it's something I wish happened more often--criminals being done for selling/providing to criminals. It would "show" just how small a percentage such sales are versus honest FTF ones.

it would be nice, when making reasoned debate with the undecided, to have the feds' own numbers on how the source for criminal arms is from other criminals, and that there are no new laws that will make such crimes more illegal.
 
That's pretty retarded. 10 years for selling a firearm to somebody? Should he get 10 years for selling a car to a drunkard? Or selling swimming pools to families with children?

If it weren't for the already abysmally failed 'War on Drugs' the guy probably wouldn't have been a drug dealer or in a position to kill people anyways.

*puts on asbestos suit*
 
Kurtmax, he sold the firearm knowing full well it would be used to commit violent crimes. If you sell something to someone knowing they are intending to commit a crime with it, you are an accessory to that act.
 
If you sell something to someone knowing they are intending to commit a crime with it, you are an accessory to that act

Then why wasn't he charged with that?
 
Well, I think had it coming. If you want to break the law by knowingly selling to a felon who commits murder then he has to pay the price and face the consequences of his actions. Pure and simple.
 
That's pretty retarded. 10 years for selling a firearm to somebody? Should he get 10 years for selling a car to a drunkard? Or selling swimming pools to families with children?
I absolutely agree, the ends do not justify the means.
Such restrictions or punishments and support of such things just for firearms is inconsistant with firearm rights.

So I disagree with it on principle. However I still believe he should have been given time for knowingly contributing to criminal acts.
Whether it was any other item he intentionaly contributed to further criminal acts. Knowingly supplying him with items to help him sell drugs and commit robberies or intimidate people was criminal.

I have no sympathy for either of them.
I do not however believe the federal government should have special punishments for firearms, that is inconsistant with "shall not be infringed".

Then why wasn't he charged with that?
Exactly.

I think many people lose track of idealogy and consistancy with the Constition of the United States. Whether I like the result or not (and in this case the unconstitional law has a good effect) I still oppose something unconstitutional.
It does not take that great of an imagination to see how such laws can be used against most people in support of future unconstitutional conduct or even more restrictive gun control.
 
All he gets is 10 years for being an accomplice to murder? What a wonderful justice system we have. And FYI, a guy who helps supply guns to murderer hurts the rights and freedoms and reputation of gunowners.
 
All he gets is 10 years for being an accomplice to murder? What a wonderful justice system we have. And FYI, a guy who helps supply guns to murderer hurts the rights and freedoms and reputation of gunowners.


Excellent post. My feelings exactly.
 
That 19 yr. old kid made a big mistake, he might not of known the law at the time, but he knew he was doing wrong....10 years isn't too long, This should be broadcast all over the news, to let people know what can happen when selling guns to a known felon.....
 
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