Old Judge is Mad. Says No One Should Own a Firearm

Gregory Kielma • November 23, 2023

Boy This is One Mad Judge

Federal Judge: There’s No Constitutional Right to Buy a Gun

By TTAG Contributor -November 22, 202387


From the NRA-ILA

Honest people can disagree with the Founders’ decision to enshrine the Second Amendment within the Bill of Rights. They cannot, however, pretend that decision never happened. For much of the 20th Century, however, gun control activists tried to convince the public that “the right of the people to keep and bear Arms” had nothing to do with the right of individuals to keep and carry guns for their own self-protection.

That charade – never convincing to anyone who could read – has been debunked by the U.S. Supreme Court no less than four times in the last 15 years. But Second Amendment denialism remains an active strain of the firearm prohibition effort, as demonstrated by a federal judge in Colorado who ruled last week that whatever the provision means, it does not include the right to buy a gun


That decision came in the case of Rocky Mountain Gun Owners v. Polis, which challenged Colorado’s three day waiting period for firearm purchases. Proponents of the law undoubtedly knew it was in trouble after the U.S. Supreme Court’s ruling in New York State Rifle & Pistol Association v. Bruen, which clarified how lower courts are to analyze challenges to gun control laws under the Second Amendment.


Bruen stated: “When the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct. The government must then justify its regulation by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation.” This test likely spells doom for Colorado’s waiting period, as laws of that type were completely unknown to the generation that adopted the Second Amendment.


Faced with this reality, Judge John L. Kane – appointed to the federal bench by Jimmy Carter in 1977 – decided to stretch reason to the breaking point by deciding the right to possess a firearm doesn’t include the right to acquire one.


The court began its analysis by acknowledging that the Second Amendment right articulated by the U.S. Supreme Court in the 2008 case of District of Columbia v. Heller meant “the individual right to possess and carry weapons in case of confrontation.” But then Judge Kane went on to insist: “purchase and delivery are one means of creating the opportunity to ‘have weapons.’ The relevant question is whether the plain text covers that specific means. It does not.”

Oregon gun store counter assault rifle AR-15

According to this “reasoning,” a state could completely ban the sale and delivery of firearms without implicating the Second Amendment. This would imply a right to have something, but not to obtain it through the most obvious and ordinary means.

Of course, it’s true that the Second Amendment says nothing explicitly about buying and receiving guns. But it’s also true the First Amendment says nothing explicitly about buying and receiving newspapers. Nevertheless, any judge insisting a ban on newspaper sales would not implicate the First Amendment prohibition on “abridging the freedom of speech, or of the press” would in doing so disgrace himself and ruin his professional and intellectual credibility.

Perhaps recognizing this, Judge Kane hedged his bets by offering a number of alternative theories about why Colorado’s waiting period did not infringe the Second Amendment.

First, he theorized, “Even if purchasing a firearm could be read into the terms ‘keep’ or ‘bear,’ receipt of a firearm without any delay could not be, as the Founders would not have expected instant, widespread availability of the firearm of their choice.” Judge Kane attempted to bolster this argument by pointing to “expert” testimony that indicated firearm purchases at the time of the founding were not as convenient, prompt, or accessible as they are today.

But even these “experts” acknowledged this was because technology, production, and marketing were circumstantially more primitive in those days, not because legislators made a deliberate choice to delay firearm purchases. Of course, virtually nothing that involved the delivery of a good was as efficient and accessible to the founding generation as it is in modern times. But the U.S. Supreme Court has repeatedly made clear that it will not tolerate “frivolous” arguments that 18th Century technological limitations delineate the scope of constitutional rights in the present day, including in a Second Amendment case that dealt with stun guns.

Next, Judge Kane pointed to language in Heller that he claimed rendered “presumptively lawful” any regulation on “the conditions or qualifications” of the “commercial sale of firearms.” He then argued: “Colorado’s Waiting-Period Act regulates only the sale, and specifically sellers, of firearms. … The Act does not apply to anyone who does not ‘sell a firearm.’”

Putting aside the fact that the disputed issues in Heller had nothing to do with firearm sales, much less mandatory waiting periods, Judge Kane was again resorting to frivolous formalism in attempting to stake his reasoning on the distinction between sellers and purchasers. Colorado’s waiting period imposes an arbitrary and de facto impediment on the purchase of guns, thereby implicating the rights of buyers at least as much as sellers.

Dragonmans gun store range

Returning to the First Amendment, no one would take seriously an argument that a person’s First Amendment right to access information was not implicated just because a particular restraint applied to a publisher or bookseller and not the reader himself.


Meanwhile, the language Judge Kane invoked to argue the Supreme Court allows firearm sales to be regulated cuts against his primary ruling by suggesting the Supreme Court considers such sales as the default starting point under the Second Amendment.

But Judge Kane wasn’t finished, and proposed yet another reason why Colorado’s waiting period is consistent with the Second Amendment, even if he were wrong about everything else.

Again, while acknowledging – as the parties themselves agreed – that waiting periods for firearm purchases were unknown in American law until well into the 20th Century, he still found them consistent with America’s historical tradition of firearm regulation. This was because, he said, “our Nation had a historical tradition of regulating the carrying and use of firearms by intoxicated individuals,” and “the Waiting-Period Act and the intoxication laws both work to prevent individuals in a temporary impulsive state from irresponsibly using a firearm.”

Judge Kane was dismissive of plaintiffs’ attempts to point out the obvious distinction that intoxication speaks to the condition of a particular individual in a particular moment, while the waiting period broadly applies to firearm sales generally, regardless of the buyer’s condition or state of mind. His response to this fundamental difference was that the intoxication laws affected all intoxicated persons, some of whom also might not have behaved irresponsibly with a firearm.

Judge Kane’s final gambit was to suggest that the Supreme Court had indicated a general openness to shall-issue licensing schemes for carrying firearms, so long as they were not directed to “abusive ends.” This, he said, was analogous to the waiting period, because both require a “defined requirement” to be met before exercise of the right, and plaintiffs had not proven the waiting period was abusive.

Judge Kane offered no limiting principles for what sorts of laws purportedly aimed at impulsive or irresponsible behavior or that imposed “defined requirements” prior to the exercise of the right to keep and bear arms might be permissible under the Second Amendment. But it’s difficult to understand how his reasoning would be distinguishable from the “interest-balancing” the Supreme Court specifically rejected in Bruen, which likewise focused on why the government purported to be acting, not on whether such actions were well-established in American history.

There is perhaps no legal rule so clear and unequivocal that it cannot be purposely misconstrued by a judge who is more interested in his preferred outcome than in actually following the law. But if the Polis case shows anything about Bruen’s historical test, it’s that it makes spotting such judges easier than ever.

 

This article originally appeared at nraila.org and is reprinted here with permission. 

Top 18 States That Infringe on The Second Amendent

By Gregory Kielma • February 21, 2025
What are the states that infringe on your Second Amendment rights? Gregg Kielma FFL-Firearms- Instructor First Aid Fundamentals Instructor-Gunsmith- AED Defibrillator Sales Says Firearms Instructor and FFL Gregg Kielma “What do all these states have in common? I bet everyone knows the answer. Here are the top 18, from bad to the most egregious: 18. Colorado: 17. Iowa: 16. Oregon: 15. Virginia: 14. Washington: 13. North-Carolina: 12. Delaware: 11. Michigan: 10. Pennsylvania: 9. Illinois: 8.Hawaii: 7. Rhode-Island: 6. New-York: 5. Maryland: 4. Connecticut: 3. Massachusetts: 2. New-Jersey: 1. California:

2 Year Old Child Dead From Playing With a Firearm

By Gregory Kielma • February 20, 2025
2-Year-Old Tragically Shoots Himself and Dies In Florida Gregg Kielma FFL-Firearms- Instructor First Aid Fundamentals Instructor-Gunsmith- AED Defibrillator Sales No excuse for this kind of “accident”, says FFL and Firearms instructor Gregg Kielma . I’m truly saddened by the boyfriend and girlfriend letting a child “play with a firearm let alone it not be secured in the home. These tragedies do not and should not ever happen, period. Kielma continues, if you’re a parent who owns firearms with children in the home, and you don’t understand how to teach them firearm safety at a very young age you’re doing a disservice to you and your children. Classes are readily available through the USCCA and instructors like me who specialize in this type of training. Lastly Kielma says, firearms protect our families in the right hands. Educate yourself, your family and children. Get the proper instruction and training from instructors like me and the USCCA. Let’s Take A Look A 2-year-old child was playing with a gun while in the bedroom with his mom in their Florida home. The mother, leaving the child to toy with the lethal weapon, wasn't paying attention. The gun then discharged and shot the child. The boy was declared dead at the scene. The gun belonged to the woman's fiancée. It had been left unsecured and within arm’s reach of the child. Because of this, the 2-year-old was able to shoot himself. In Florida, the law states that a weapon must be secured and locked away. Consequently, the parents of the child will be held responsible. The police chief released a statement. "This is Florida, and you know Floridians like their guns - and that's wonderful. However, responsible gun ownership cannot be understated. Guns have to be locked up and secure." 2-Year-Old Shot Himself Is One Of Thousands In 2021 there were 2,590 deaths by shooting for children under 17 in the US, according to the Pew Research Center. This is due to a few factors, including suicides, mass shootings, and of course, accidental situations like this. The 2-year-old fits into a specific category of child shooting fatality. In this case, the child was playing with a gun, resulting in them shooting themselves. This accidental shooting category has more than a thousand cases a year. Unattended weapons in the US are a huge cause of injury and death in children. With the sheer number of guns in the country, people become blase about them. In cases like this, the deadly weapon is left lying around unsecured. Nobody can blame a child for picking the weapon up thinking it was a toy. The 2-year-old that shot themselves were behaving like any other kid would. Curiosity got the better of him or her, and the negligence of the parent led to his death. In Florida, the law states that a gun must be locked and secured. But, in other states, this is often not the case. Gregg Kielma FFL-Firearms- Instructor First Aid Fundamentals Instructor-Gunsmith- AED Defibrillator Sales

Police and Rendering Help: What Would Do?

By Gregory Kielma • February 19, 2025
If a police officer is alone and fighting a person, how do I let the officer know that I’m there to help him/her and not make him/her think I’m going to attack them? From an Avid Reader of The Blog: What Would You Do? He or she will be focused on the fight. If you KNOW you can be some help, just dive in. Grab an arm or other flailing appendage and help control the person. Do not pull a knife or gun unless it’s clearly already a deadly force situation. Now is not the time to figure out how to use the 9mm that you bought to carry but have never shot. I would also add one caution though: it’s not without risks. You could be hurt or killed doing this, and you’re on your own when it comes to paying your bills. | In addition, you could end up sued. It happened to a friend of mine. 2am at a lonely country gas station. Deputy pulls over some guy likely high on meth, they get into it. The guy is clearly about to get the better of the deputy and is pulling on his holstered firearm. So, my friend got the meth dude from behind in a full nelson and took him to the ground. They stayed there until more deputies arrived. He was never on top of the guy and never put a mark on him. Deputies arrived, it took four taser hits and five cops to get the guy in handcuffs and in a car. Three months later, the guy found an attorney and sued him for a million dollars for excessive force. And yeah, he included my friend on the lawsuit. So, he had to hire an attorney and pay a lot of money before they finally let him out of it. The moral of that story is that if you are ever inclined to help in that situation, it’s best if you just hop back in your car and make like it never happened once they have it contained.

Turning In A Neighbor For Excessive Firearms? Really?

By Gregory Kielma • February 19, 2025
Neighbor’s reports gun stash to the ATF because no civilian needs that many. From an Avid Reader of the Blog: What do you Think? Colin Graham is our latest anti-gun crusader who believes he will change the world. Many have come before you and you think you are the torchbearer for change that if you rail against guns long and loud enough, others will flock to your cause. This is the most charitable description I can come up with. Another involves describing a pustulant troll. Regardless, I know this question is utter bovine excrement, smelly and piled high, for one very simple reason… I’ve actually had the BATFE in my house looking at my gun collection! If my “gun stash” was a problem, I’d know it. I know there are no legal limits to the number of firearms one may possess. Know it rather well. Now I’m above-average but not exemplary in that regard. I know there is no hotline to call because there is nothing to report. No law is violated even if I have guns stacked floor-to-ceiling in every available space. So, Colin, why don’t you point out the law you think is being violated? Or crawl back under your bridge, rock, sewer or wherever your breed of pathetic troll considers its natural habitat because it sure isn’t the civilized world I live in!

Florida Man Going To Prison Felon-Drugs-Firearm Bad Move

By Gregory Kielma • February 19, 2025
SWAT team found drugs and a gun. Now Bradenton man is headed to prison, prosecutors say By Michael Moore Jr., A Bradenton man is headed to prison after pleading guilty to firearms and drug charges, the United States Attorney’s Office for the Middle District of Florida announced. A federal judge sentenced Terry Lavon McDonald Jr., 32, to seven years and six months in prison for possession of a firearm or ammunition by a convicted felon, possession with intent to distribute cocaine and fentanyl and possession of a firearm for a drug trafficking crime, according to a news release. The sentence comes after McDonald previously pleaded guilty to the charges in November, federal prosecutors say. The court also ordered McDonald to forfeit a Smith & Wesson handgun and ammunition. McDonald faced a mandatory minimum penalty of five years with a maximum penalty of up to life in federal prison, the Bradenton Herald previously reported . Bradenton man arrested during Manatee County SWAT raid In October 2023, the Manatee County Sheriff’s Office SWAT team raided a Bradenton house in the 3300 block of 20th Street East, where they found McDonald inside a white Ford Explorer backed into the driveway, according to arrest records. After searching the vehicle, detectives say they found a loaded black nickel-plated Smith & Wesson handgun, fentanyl, cocaine and a digital scale. Law enforcement said they found 20.8 grams of rock cocaine and 4.4 grams of powder cocaine, the Bradenton Herald previously reported. Detectives say after running McDonald’s criminal history, they found he had 14 felony charges with six convictions, including previous firearms charges, drug-related charges and fleeing or attempting to elude law enforcement.

ATF NEWS: Georgia Felons in Arms Sooner or Later The ATF Will Find You

By Gregory Kielma • February 19, 2025
Multiple Defendant Indicted on Federal Gun Charges Tuesday, February 11, 2025 U.S. Attorney's Office, Southern District of Georgia Cases include illegal machine gun possession. DON"T DO IT! Soon or Later You're Going to Jail! SAVANNAH, GA: Newly returned indictments in the Southern District of Georgia include charges alleging felons illegally possessed firearms, while other defendants have been sentenced to federal prison or await further proceedings after pleading guilty to federal gun charges. “Getting guns out of the hands of those who can’t legally possess them is a vital part of the effort to reduce violent crime,” said Tara M. Lyons, Acting U.S. Attorney for the Southern District of Georgia. “We applaud our law enforcement partners for their diligent work in keeping our communities safe.” The cases are prosecuted as part of Project Safe Neighborhoods in collaboration with federal, state, and local law enforcement agencies, including the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the FBI, to reduce violent crime with measures that include targeting convicted felons who illegally possess guns. Those indicted in February include: • Taron Charleston, 20, of Dublin, Georgia, charged with Illegal Possession of a Machine Gun • Shanan Lee Grover, 35, of Wrightsville, Ga., charged with Possession of a Firearm by a Convicted Felon; • Timothy Lee Cheeks, 37, of Augusta, charged with Possession of a Firearm by a Convicted Felon; • Charles Harmon Porter, 54, of Savannah, charged with Possession of Ammunition by a Convicted Felon. Also previously indicted are: • Stephen Joseph Sala, 33, of Augusta, charged with Possession of an Unregistered Firearm (referring to a short-barreled rifle) • Jahmz Ransom, 24, of Savannah, charged with Possession of a Firearm by a Convicted Felon. All indicted defendants are considered innocent unless and until proven guilty. Defendants recently adjudicated on federal firearms charges include: • Nathan Sparks, 27, of Savannah, was sentenced to 130 months in prison after pleading guilty to Possession of a Firearm by a Convicted Felon. Savannah police found a pistol in Sparks’ waistband during a traffic stop. • Darnell Harold Miller, 25, of Savannah, was sentenced to 120 months in prison after pleading guilty to Possession of a Firearm by a Convicted Felon. Savannah police in January 2024 found Miller in possession of a pistol while investigating a domestic disturbance. • Barry Christopher Carpenter, 44, of Gainesville, Ga., was sentenced to 84 months in prison and fined $2,000 after pleading guilty to Possession of a Firearm by a Convicted Felon. Carpenter was arrested on state charges in Columbia County during a burglary investigation and found to be in possession of two firearms. • Corinthian Lamar Colonel, 26, of Savannah, was sentenced to 70 months in prison after pleading guilty to Possession of a Firearm by a Convicted Felon. Officers from the Savannah Police Department and the Georgia Department of Community Supervision found two firearms in Colonel’s residence during a September 2023 search. • Maleak J. Parrish, 24, of Savannah, was sentenced to 57 months in prison after pleading guilty to Possession of a Firearm by a Convicted Felon. Savannah police fund a pistol in Parrish’s possession during a traffic stop. • Eddie Robertson, 30, of Savannah, was sentenced to 52 months in prison and fined $1,500 after pleading guilty to Possession of a Firearm by a Convicted Felon. Savannah police officers found Robertson in possession of a handgun after a December 2023 traffic stop and foot chase. • Anthony Orlando Jones, 34, of Augusta, was sentenced to 46 months in prison and fined $1,500 after pleading guilty to Possession of a Firearm by a Convicted Felon. Richmond County deputies and the U.S. Marshals found Jones in possession of a semiautomatic pistol in November 2023 while serving him with an arrest warrant on a state felony charge. • Pedro Walker, 24, of Savannah, was sentenced to 46 months in prison after pleading guilty to Possession of a Firearm by a Convicted Felon. Savannah police officers investigating a reported disturbance found Walker had been in possession of a pistol. • Willie Dunbar, 45, of Villa Rica, Georgia, was sentenced to 37 months in prison and fined $2,000 after pleading guilty to Possession of a Machine Gun. During a January traffic stop, Wheeler County deputies found Dunbar in possession of a Polymer80 “ghost gun” fitted with a device converting it to automatic fire. • Deleon Alexander Jackson, 23, of Augusta, was sentenced to 21 months in prison and fined $1,000 after pleading guilty to Possession of a Firearm by a Convicted Felon. Richmond County deputies found Jackson in possession of a rifle while investigating a reported disturbance at an Augusta store. • Stanley Hall, 22, of Savannah, was sentenced to 71 months in prison after pleading guilty to Possession of a Firearm by a Convicted Felon. Savannah police found Hall in possession of a handgun while investigating a reported attempted vehicle break-in. • Lemar Neil Robinson, 36, of Savannah, awaits sentencing after pleading guilty to Possession of a Firearm by a Convicted Felon. Georgia state troopers and Savannah police found Robinson in possession of a pistol after a vehicle chase and traffic stop. The cases are being prosecuted for the United States by the Southern District of Georgia U.S. Attorney’s Office. Under federal law, it is illegal for an individual to possess a firearm if he or she falls into one of nine prohibited categories including being a felon; illegal alien; or unlawful user of a controlled substance. Further, it is unlawful to possess a firearm in furtherance of a drug trafficking offense or violent crime. It is also illegal to purchase – or even to attempt to purchase – firearms if the buyer is a prohibited person or illegally purchasing a firearm on behalf of others. Lying on ATF Form 4473, which is used to lawfully purchase a firearm, also is a federal offense. For more information from the ATF on the lawful purchasing of firearms, please see: https://www.atf.gov/qa-category/atfw-form-4473 Contact Barry L. Paschal, Public Affairs Officer: 912-652-4422 Updated February 11, 2025

ATF NEWS: 4473 ATF Form...Do Not Lie

By Gregory Kielma • February 16, 2025
Ardmore Resident Sentenced For Unlawful Dealing In Firearms Thursday, February 13, 2025 U.S. Attorney's Office, Eastern District of Oklahoma MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that David Haskell Moore, age 69, of Ardmore, Oklahoma, was sentenced to five years of probation and 12 months of home detention for one count of Dealing Firearms Without a License. The charges arose from an investigation by U.S. Customs and Border Protection and the Bureau of Alcohol, Tobacco, Firearms and Explosives. On May 9, 2024, Moore pleaded guilty to illegally dealing in firearms. According to investigators, on September 6, 2023, U.S. border agents at the Port of Entry in Donna, Texas, discovered 268 guns hidden behind the wall panel of a utility trailer attempting to gain entry into Mexico. ATF agents investigating the weapons cache traced 24 of the firearms to purchases originally made by Moore from legitimate dealers throughout Oklahoma and Texas. Moore then resold the firearms. At the time of the incident, Moore was not licensed to deal in firearms and had been served a cease-and-desist letter in 2018 by ATF agents warning him not to sell firearms without a Federal Firearms License. “ATF’s commitment to keeping illegal firearms out of the hands of those that shouldn’t have them knows no boundaries. As this case proves, Mr. Moore was knowingly dealing firearms without a license, many of which were eventually found in the hands of criminals throughout the United States. Together with our partners, we will continue to work tirelessly to protect our communities from violent firearm crime,” stated ATF Dallas Field Division Special Agent in Charge Jeffrey C. Boshek II. “I commend the work of ATF agents, border patrol, and federal prosecutors in their efforts to reduce the unlawful trade of firearms,” said United States Attorney Christopher J. Wilson. The Honorable Ronald A. White, Chief U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearing in Muskogee, Oklahoma. Assistant U.S. Attorney Lewis M. Reagan represented the United States. Updated February 13, 2025

ATF NEWS: New York and Florida Bad Guys Doing Bad Things

By Gregory Kielma • February 16, 2025
Individuals from Staten Island and Florida Charged with Firearms Trafficking Conspiracy and Illegal Possession of Machine Guns Friday, February 14, 2025 U.S. Attorney's Office, Eastern District of New York Defendants 3D-Printed More Than 25 Untraceable “Ghost Guns,” Including at Least 10 Machine Gun Conversion Devices Earlier today, a nine-count superseding indictment was unsealed in federal court in Brooklyn charging Justin Nudelman, his brother Brandon Nudelman, Ronnie Mershon and Michael Daddea with conspiracy to traffic firearms, conspiracy to obstruct justice, possession of machine guns and related firearms counts. Three defendants were arrested this morning. Brandon Nudelman and Mershon are being arraigned this afternoon in Brooklyn before United States Magistrate Judge James R. Cho, and Daddea is making his initial appearance in federal court in Tampa, Florida for removal proceedings to Brooklyn. Justin Nudelman had previously been charged with possession of machine guns and unregistered firearms in the underlying indictment and will be arraigned at a later date. John J. Durham, United States Attorney for the Eastern District of New York, Bryan Miller, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives, New York Division (ATF), and Jessica S. Tisch, Commissioner, New York City Police Department (NYPD), announced the charges. “The defendants’ use of 3D printers to make untraceable, fully automatic weapons poses an extremely serious threat to public safety,” stated United States Attorney Durham. “My Office and our federal and local partners are working tirelessly to protect our communities by preventing these guns from making their way into the hands of violent criminals.” Mr. Durham expressed his appreciation to the United States Secret Service and the NYPD Intelligence Division’s Major Case Team and Intelligence Analytical Team for their work on the case. “Illegally manufacturing and distributing privately made firearms and machine gun conversion devices is a direct threat to public safety,” stated ATF New York Special Agent in Charge Miller. “This indictment underscores our unwavering commitment to identifying, disrupting, and dismantling the flow of illegal firearms that fuels violence in our communities. Through strong collaboration with our law enforcement partners, we are taking proactive action against those who endanger public safety. We commend the work of ATF New York, NYPD Ghost Gun Team, ATF Tampa, United States Secret Service, N.Y. State Police, Pennsylvania State Police, Richmond County DA’s office and EDNY. Every illegal firearm taken off the streets is a step toward protecting innocent lives and ensuring safer neighborhoods. We remain steadfast in our mission to combat gun violence.” “These individuals thought they could evade law enforcement by using 3D printers to churn out illegal ghost guns and endanger our streets — but they were wrong” stated NYPD Commissioner Tisch. “The NYPD, along with the ATF, the office of the U.S. Attorney for the Eastern District of New York, and all our partners, will not tolerate criminals wreaking havoc in New York City with untraceable, deadly weapons — and we will bring down anyone brazen enough to try.” As alleged in the superseding indictment and in court filings, between approximately January 2023 and September 2023, the defendants conspired to illegally manufacture and traffic firearms. Mershon and Justin Nudelman used 3D printers and parts sourced from online retailers to assemble privately made firearms, commonly called “ghost guns.” These 3D-printed firearms included at least 10 devices called “auto sears,” which convert semi-automatic guns into fully automatic weapons and are considered machine guns under federal law. The defendants made firearms that did not have a serial number, unregistered ghost guns that they assembled available for sale without obtaining a license or otherwise notifying government authorities. To date, 23 firearms have already been seized, and the investigation has revealed that the defendants made numerous others. Justin Nudelman and Brandon Nudelman are also charged with conspiracy to obstruct justice. As alleged, on September 7, 2023, law enforcement officers sought to seize Justin Nudelman’s phone pursuant to a judicially authorized search warrant. Both Justin and Brandon Nudelman took steps to conceal the phone and render its contents inaccessible to law enforcement. The charges in the superseding indictment are allegations and the defendants are presumed innocent unless and until proven guilty. If convicted the defendants each face a maximum sentence of 20 years’ imprisonment. Trial Attorney Arun Bodapati is in charge of the prosecution with assistance from Paralegal Specialist David Harrison. The Defendants: JUSTIN NUDELMAN Age: 30 Staten Island, New York BRANDON NUDELMAN Age: 32 Staten Island, New York RONNIE MERSHON Age: 27 Staten Island, New York MICHAEL DADDEA Age: 29 Tampa, Florida E.D.N.Y. Docket No. 23-CR-437(S-1) (AMD) Contact John Marzulli Danielle Blustein Hass United States Attorney’s Office (718) 254-6323

ATF NEWS: West Virgina Felon Going to Jail

By Gregory Kielma • February 16, 2025
Summers County Man Sentenced to Prison for Federal Gun Crimes Friday, February 14, 2025 U.S. Attorney's Office, Southern District of West Virginia BECKLEY, W.Va. – Matthew Harris England, 38, of Meadow Bridge, was sentenced today to one year and eight months in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm and possession of an unregistered short-barreled shotgun. According to court documents and statements made in court, on April 3, 2023, law enforcement responded to reports of a domestic disturbance at England’s residence in Meadow Bridge. When law enforcement entered the residence, they found and seized a Savage model Stevens 94F, 20-gauge shotgun with a modified and shortened barrel and a modified and shortened stock on a chair in the living room. England was arrested, and told officers he knew the firearm was in the residence and that the length of its barrel appeared to be illegal. The short-barreled shotgun was not registered to England in the National Firearms Registration and Transfer Record as required by federal law. Federal law also prohibits a person with a prior felony conviction from possessing a firearm or ammunition. England knew he was prohibited from possessing a firearm because of his prior felony convictions for aiding and abetting the possession of stolen firearms in United States District Court for the Southern District of West Virginia on May 9, 2014. United States Attorney Will Thompson made the announcement and commended the investigative work of the Summers County Sheriff’s Department, the West Virginia State Police, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Chief United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Lesley C. Shamblin prosecuted the case. This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:23-cr-93. Updated February 14, 2025

ATF NEWS: Idaho Felon Travels With a Firearm

By Gregory Kielma • February 16, 2025
Idaho Man A Convicted Felon Sentenced To 18 Months For Possessing A Firearm In Checked Luggage Friday, February 7, 2025 U.S. Attorney’s Office, Middle District of Florida Says FFL and Firearms Instructor Gregg Kielma, “this felon should be in jail for a long, long, time. Throw away the key”! Brilliance is not his attributes . Jacksonville, FL – U.S. District Judge Wendy Berger sentenced Dedric Dwayne Rivers (52, Moscow, Idaho) to 18 months in federal prison for possessing a firearm and ammunition after having been convicted of a felony. Rivers pled guilty on October 22, 2024. According to court documents, on April 27, 2024, Rivers arrived at Jacksonville International Airport to board a flight traveling to Idaho. During a routine screening process of checked luggage Transportation Security Administration officers identified an undeclared firearm and ammunition located in a checked suitcase bearing Rivers’ name. Law enforcement cut the cables to the gun case inside the suitcase and found an undeclared FN509 9mm semi-automatic pistol with a magazine containing 10 rounds of live ammunition inserted into the magazine well. The gun case also contained three extended magazines loaded with 70 rounds of live ammunition distributed among the three magazines. In a voluntary interview, Rivers said he thought the gun case only contained ammunition. However, in a telephone conversation the next day, Rivers admitted to his mother that he had previously travelled with a firearm to Jacksonville, Florida. Prior to possessing the firearm, Rivers had had been convicted of multiple felonies, including kidnapping, armed robbery, and aggravated assault. Therefore, he is prohibited by law from possessing firearms and ammunition. This case was investigated by the Federal Bureau of Investigation, the Transportation Security Administration, the Jacksonville Airport Authority, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Kelly S. Milliron. This case is part of the Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence for occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. Updated February 7, 2025
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