The Courts and The Second Amendment

Gregory Kielma • August 5, 2024

Courts Attack Second Amendment, Right to Buy Firearms

Courts Attack Second Amendment, Right to Buy Firearms
By
Larry Keane
There’s an interesting – if not devious – trend emerging in some Second Amendment cases. The first step of the U.S. Supreme Court’s Bruentest is to ask whether the conduct at issue is covered by the text of the Second Amendment which protects a pre-existing “right to keep and bear arms.” Some lower courts in purporting to apply the Bruen test are upholding gun control laws by holding that you do not have a Second Amendment right to buy a firearm.

That’s intellectually dishonest, to say the least. The ability to freely approach the gun counter to legally purchase a firearm is paramount to exercising the Second Amendment rights to keep and bear arms. There is no “keeping” of firearms if there is no legal right to lawfully acquire those same firearms. The ramifications of this flawed legal reasoning are self-evident. The government could simply ban the buying (and selling) of firearms and therefore eviscerate the Second Amendment all without infringing upon the right.

Right to Buy

The most recent example comes from New Mexico, where a federal district court judge refused to preliminarily enjoin the state’s seven-day waiting period for purchasing a firearm. There were several serious concerns with this decision, including the judge’s determination that the lengthy waiting period doesn’t constrain the rights to keep and bear arms. The judge contended that the waiting period only minimally burdens the “ancillary right to acquire firearms.”

That might come as news to an individual facing imminent threat to their safety or even their life. A woman who is the victim of domestic violence who considers purchasing a firearm to protect herself and her family could argue that the state’s seven-day waiting period is a seven-day ban on her ability to lawfully keep and bear arms when she knows there’s a threat to her life.

That wasn’t the worst of it. The same judge concluded that the waiting-period law is presumptively constitutional” given that the first waiting period laws were enacted in the 1920s – long after U.S. Constitution was ratified, and the 14th Amendment adopted. The judge even pointed to past, discriminatory laws that restricted the sale of firearms to slaves, freedmen and Native Americans. It is astonishing that a federal judge relied on racist laws that have been repudiated by the courts and American society to justify a gun control law.

However, that’s not what the Supreme Court held in the Bruen decision. That test, the Court said, is that gun control laws must have a “history and tradition” consistent with when the Second Amendment was signed into law in 1791 at the nation’s founding.

Court Concerns

It would be tempting to dismiss this judge’s decision as a “one-off” aberration. Unfortunately, that’s not the case. A 2024 decision by the U.S. District Court for the Southern District of New York explicitly said that there is no Second Amendment right to purchase a second handgun within a 90-day window of purchasing a previous handgun.

“The question thus becomes whether a waiting period before the purchase of a second handgun is conduct covered by the text of the Second Amendment. It is not,” the court ruled in its opinion of Knight v. City of New York.

What the court is saying is that the government can ration the exercise of a Constitutionally protected right, in this case, to just once every 90 days. This would be unthinkable if a court ruled that a law-abiding American could only exercise their rights to free speech or attend a church, mosque of synagogue of their choosing every three months. The federal court here is relegating the Second Amendment to a second-class right, that Justice Clarence Thomas has warned about.
That line of thinking wasn’t limited to New York. The U.S. District Court for the District of Vermont upheld the state’s waiting-period law, in Vermont Federation of Sportsmen’s Clubs v. Birmingham this year, by claiming there’s no Second Amendment right to legally purchasing a firearm.

“The Court finds that the relevant conduct – acquiring a firearm through a commercial transaction on-demand – is not covered by the plain text of the Second Amendment,” wrote Judge William Sessions III. He quizzically added, “Plaintiffs may keep and bear arms without immediately acquiring them.”

That defies logic. It is impossible to legally keep and bear anything without the ability to lawfully purchase it first.

In 2023, the U.S. District Court for the District of Colorado ruled against Rocky Mountain Gun Owners seeking to enjoin a three-day-waiting period law signed by Gov. Jared Polis. In this decision, the federal court ruled that the Second Amendment doesn’t explicitly say anything about legally acquiring a firearm.

“From this reading of the plain text, it is clear the relevant conduct impacted by the waiting period – the receipt of a paid-for firearm without delay – is not covered,” the decision reads, adding, “To ‘keep,’ under the definitions provided in Heller, meant to retain an object one already possessed. It did not mean to receive a newly paid-for item, and it certainly did not mean to receive that item without delay. Likewise, ‘having weapons’ indicates the weapons are already in one’s possession, not that one is receiving them.”

The U.S. District Court for the Eastern District of Pennsylvania ruled in 2023 in U.S. v. King that there is no right to buy and sell firearms. In fact, Judge Joseph Leeson Jr. clearly states that it is a factor he didn’t – and wouldn’t – consider, writing, “…the Court looks at the Second Amendment’s plain text; it does not consider ‘implicit’ rights that may be lurking beneath the surface of the plain text.”

“Even if the Court assumed that there is an implicit right in the Second Amendment to buy and sell firearms in order to keep and bear arms, that is not the same thing as a right to buy and sell firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms,” Judge Leeson wrote. “In other words, the Second Amendment does not protect the commercial dealing of firearms.” Of course, while Heller said commercial regulations could be presumptively valid, it never suggested that the buying and selling of commonly used “arms” could be banned.

Governors Knew in 2020

Juxtapose that with governors who, just four years ago, quickly reversed their policies to order firearm retailers to close their doors during the 2020 COVID-19 pandemic. New Jersey’s Gov. Phil Murphy reversed course from his initial ordering of gun stores to be closed. He recognized that denying the ability of law-abiding citizens to legally obtain a firearm is denying them the ability to exercise their Second Amendment rights. Pennsylvania’s former Gov. Tom Wolf did the same, even after Pennsylvania’s Supreme Court denied a challenge to the order. The quiet about-face was in light of what could have become a U.S. Supreme Court challenge.

A federal judge ordered former Massachusetts Gov. Charlie Baker to allow firearm retailers there to reopen. The judge ordering the injunction wrote, “The exigencies surrounding this viral pandemic both justify and necessitate changes in the manner in which people live their lives and conduct their daily business. However, this emergency – like any other emergency – has its constitutional limits. It would not justify a prior restraint on speech, nor a suspension of the right to vote. Just the same, it does not justify a ban on obtaining guns and ammunition.”

Divorcing the right to freely approach the gun counter at a firearm retailer and the right to keep and bear arms is a dangerous slope. Firearms are legal products, available for anyone to freely purchase who is over the age of 18 for long guns or 21 for handguns, provided that individual is purchasing the firearm for him or herself and can pass the FBI’s National Instant Criminal Background Check System (NICS). Conditioning that right – whether through waiting periods which are an attempt to delay the exercise of that right – or by unmooring the right to legally purchase a firearm is a violation of the rights that belong to the people.
Imagine a court ruling that the First Amendment doesn’t include the right to buy a book. Or a law that said you can only buy a newspaper after waiting seven days. Or a law that limits how many books you can buy in a month. Or a law in which the government decides which books you are allowed to buy and read? Obviously, no one would tolerate such laws. So why is it acceptable for Second Amendment rights? The answer, sadly, is that despite the Heller, McDonald and Bruen decisions, because some legislative bodies and judges treat the Second Amendment as a “second class right.”

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:
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
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.
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!
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.
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
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
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
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
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
Show More
Share by: