NC, ND Police Chiefs and FFLs Indicted for Conspiracy to Illegally Acquire Machineguns and Other Fir

[mountaineer]

North Carolina and North Dakota Police Chiefs and Federal Firearms Licensees Indicted for Conspiracy to Illegally Acquire Machineguns and Other Firearms
Friday, October 20, 2023
For Immediate Release - U.S. Attorney's Office, District of Maryland

Baltimore - A federal grand jury has returned an indictment charging five defendants with a conspiracy to illegally acquire machineguns and other regulated firearms.  Charged in the indictment, which was unsealed yesterday are: Sean Reidpath Sullivan, age 38, of Gambrills, Maryland; Larry Allen Vickers, age 60, of Charlotte, North Carolina; James Christopher Tafoya, age 45, of Albuquerque, New Mexico; Matthew Jeremy Hall, age 53, of Four Oaks, North Carolina; and James Sawyer, age 50, of Ray, North Dakota.

The indictment was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Toni M. Crosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) Baltimore Field Division; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation (“FBI”), Baltimore Field Office; Special Agent in Charge Kareem A. Carter of the Internal Revenue Service - Criminal Investigation (“IRS-CI”), Washington, D.C. Field Office; and Inspector General Joseph Y. Cuffari of the Department of Homeland Security Office of Inspector General (“DHS OIG”).

According to the 26-count indictment, Hall and Sawyer were Chiefs of Police in Coats, North Carolina and Ray, North Dakota, respectively.  Sullivan was the owner and operator of Trident, LLC, located in Gambrills, Maryland, and was also an Intelligence Analyst with the Department of Homeland Security Investigations.  Sullivan and Trident were Federal Firearms Licensees (“FFLs”) and Special Occupational Taxpayers (“SOTs”), which allowed them, in certain circumstances, to possess, import, manufacture, and deal in fully automatic firearms (machineguns) and other regulated firearms.  Tafoya and Vickers owned and operated firearms related businesses in New Mexico and North Carolina and were also FFLs and SOTs.

The indictment alleges that, beginning in at least June 2018 through at least March 2021, the defendants conspired to acquire machineguns and/or other restricted firearms, such as short-barreled rifles, by falsely representing that the firearms would be used for demonstration to law enforcement agencies, including the Coats Police Department and the Ray Police Department.  The indictment further alleges that Hall, Sawyer, and other conspirators signed law letters with no expectation that the weapons would ever be demonstrated to their respective law enforcement agencies.

The defendants allegedly intended to impermissibly import into the United States and resell the machineguns and other firearms for profit or to keep for their own use and enjoyment.  Sullivan allegedly submitted the false law letters to the ATF seeking to import the machineguns and other restricted weapons.  Once the firearms were received, Sullivan allegedly kept some of the machineguns and other restricted weapons and transferred some of the weapons to Vickers, Tafoya, and other conspirators.

In addition to the indictment, Larry Vickers pleaded guilty yesterday to participating in the conspiracy to import and obtain machineguns and other restricted firearms and admitted that he received some of the imported machineguns and other weapons.   ...

More, including stipulation of facts, at

https://twitter.com/2Aupdates/status/1715452626307854370

[sneakypete]

This makes no sense at all. Years ago,when I was living in NC,I went to see the local sheriff to get a Concealed Carry Permit when they first became legal,and the sheriff just said "Sure thing",and told his secretary to give me a permit for anything up to and including machine guns,if I wanted one.

All I wanted was a CCP for the 45 ACP all steel Combat Commander I custom built for personal use.

Now I see people carrying handguns like Glocks in open carry everywhere they go,and nobody seems to care.

Hell,even my ex has a CCP for her Glock,and if there has ever been a CCP  that is "questionable"..........

[Smokin Joe]

This makes no sense at all. Years ago,when I was living in NC,I went to see the local sheriff to get a Concealed Carry Permit when they first became legal,and the sheriff just said "Sure thing",and told his secretary to give me a permit for anything up to and including machine guns,if I wanted one.

All I wanted was a CCP for the 45 ACP all steel Combat Commander I custom built for personal use.

Now I see people carrying handguns like Glocks in open carry everywhere they go,and nobody seems to care.

Hell,even my ex has a CCP for her Glock,and if there has ever been a CCP  that is "questionable"..........

Problem is, it looks like these guys were using the LEO option to have New NFA firearms (Much cheaper than the ones made before 1986, and nicer, too) by setting themselves up as using these for demonstration models for departments, and somehow contradicted themselves in the paperwork and then were intending to sell the arms for profit. IOW, they were considering 'gun running' new machine guns or select fire or short barreled rifles to someone else that wasn't included on the list of exceptions in the 1986 law (basically, LEOs FLEAs and Active Military).

IMNSHO, I think the 1986 law is unconstitutional (it creates two classes of NFA firearm owners, one which can have post 1986 select fire or fully automatic rifles and one which cannot (ordinary civilians). It drove the cost of, say, an AK-47 or M-16 way beyond what they sell for on the world market for the average gunowner, because it is a limited pool of firearms that can be had.  An AK-47 can be had for $450 in Iraq, $15,000-$20,000 in the US for one which is legal.

[sneakypete]

Problem is, it looks like these guys were using the LEO option to have New NFA firearms (Much cheaper than the ones made before 1986, and nicer, too) by setting themselves up as using these for demonstration models for departments, and somehow contradicted themselves in the paperwork and then were intending to sell the arms for profit. IOW, they were considering 'gun running' new machine guns or select fire or short barreled rifles to someone else that wasn't included on the list of exceptions in the 1986 law (basically, LEOs FLEAs and Active Military).

IMNSHO, I think the 1986 law is unconstitutional (it creates two classes of NFA firearm owners, one which can have post 1986 select fire or fully automatic rifles and one which cannot (ordinary civilians). It drove the cost of, say, an AK-47 or M-16 way beyond what they sell for on the world market for the average gunowner, because it is a limited pool of firearms that can be had.  An AK-47 can be had for $450 in Iraq, $15,000-$20,000 in the US for one which is legal.

@Smokin Joe

Thanks!

I had no idea the situation had deteriorated that badly.

Then  again,anyone stupid enough to pay 20 grand for a freaking AK is more likely to stay home at night fondling it than he is using it to shoot someone.

Really is hard to believe anyone would pay that much for a stamped full-auto weapon that isn't special in some way,like being "Uncle Ho's personal AK that he used to execute his household staff with."

And to be totally honest about this situation,I honestly wouldn't pay 200 bucks for a brand new  AK-47 that  was still in the box.

I am into accuracy,not  spray and pray.

Granted,spray and pray DOES have it's place,but that place is not with me.

[Smokin Joe]

@Smokin Joe

Thanks!

I had no idea the situation had deteriorated that badly.

Then  again,anyone stupid enough to pay 20 grand for a freaking AK is more likely to stay home at night fondling it than he is using it to shoot someone.

Really is hard to believe anyone would pay that much for a stamped full-auto weapon that isn't special in some way,like being "Uncle Ho's personal AK that he used to execute his household staff with."

And to be totally honest about this situation,I honestly wouldn't pay 200 bucks for a brand new  AK-47 that  was still in the box.

I am into accuracy,not  spray and pray.

Granted,spray and pray DOES have it's place,but that place is not with me.

AFAIK you can count the number of NFA weapons used by their owners to commit crimes on one hand.  Paperwork violations seem to be the common 'crime', and even those are avoided as much as possible.

While I'm not expecting sub-MOA accuracy from any of them, the semi-auto only AK versions I have shot have not been so bad. It's a 200 meter gun with a ballistic curve like a .30-30 and not the very best iron sights. Not in the same accuracy class as an AR-15, but it will shoot dirty all day and twice on Sunday. THe ARs like to be kept clean. Nowadays, you can build almost anything you want as that goes, and I'd suspect there are some straight shooters out there on the semi-auto market.

I haven't shot the semi-auto AK-74 (5.45 round with a long bullet) but my understanding is the cartridge is better, the bullet has a better ballistic coefficient, and the rifle is, too, even though the action is much the same. Until I put one on paper, I can't say for sure.

I'm in no position to play with the full auto versions of either, so I can't speak to that. Watching the Muslims shooting style, as a rule, 'spray and pray' fits. I think if they took more time to aim, they might be more effective, but full auto and "Im'shallah" seems to be the average shooting style.

[GtHawk]

Problem is, it looks like these guys were using the LEO option to have New NFA firearms (Much cheaper than the ones made before 1986, and nicer, too) by setting themselves up as using these for demonstration models for departments, and somehow contradicted themselves in the paperwork and then were intending to sell the arms for profit. IOW, they were considering 'gun running' new machine guns or select fire or short barreled rifles to someone else that wasn't included on the list of exceptions in the 1986 law (basically, LEOs FLEAs and Active Military).

IMNSHO, I think the 1986 law is unconstitutional (it creates two classes of NFA firearm owners, one which can have post 1986 select fire or fully automatic rifles and one which cannot (ordinary civilians). It drove the cost of, say, an AK-47 or M-16 way beyond what they sell for on the world market for the average gunowner, because it is a limited pool of firearms that can be had.  An AK-47 can be had for $450 in Iraq, $15,000-$20,000 in the US for one which is legal.

I think it was the large number of weapons that were supposed for a small(very small) sheriffs office that tripped them up, there are only so many full auto weapons you can need for evaluation(supposedly) in a very small sheriffs office.

[Smokin Joe]

I think it was the large number of weapons that were supposed for a small(very small) sheriffs office that tripped them up, there are only so many full auto weapons you can need for evaluation(supposedly) in a very small sheriffs office.

Ray, ND isn't a very large town, as towns go...They (the whole group) might need a few different types to pass around for evaluation among the different jurisdictions, but the department in Ray isn't very large, so only a few for the force. I imagine someone added up the totals and saw a few extras...

[GtHawk]

Ray, ND isn't a very large town, as towns go...They (the whole group) might need a few different types to pass around for evaluation among the different jurisdictions, but the department in Ray isn't very large, so only a few for the force. I imagine someone added up the totals and saw a few extras...

Okay here's a good explanation of what was going on.

The indictment alleges that, beginning in at least June 2018 through at least March 2021, the defendants conspired to acquire machineguns and/or other restricted firearms, such as short-barreled rifles, by falsely representing that the firearms would be used for demonstration to law enforcement agencies, including the Coats Police Department and the Ray Police Department. The indictment further alleges that Hall, Sawyer, and other conspirators signed law letters with no expectation that the weapons would ever be demonstrated to their respective law enforcement agencies.

https://www.ammoland.com/2023/10/larry-vickers-of-vickers-tactical-among-names-indicted-for-conspiracy-to-acquire-machineguns/?ct=t(RSS_EMAIL_CAMPAIGN)

[Smokin Joe]

Okay here's a good explanation of what was going on.

The indictment alleges that, beginning in at least June 2018 through at least March 2021, the defendants conspired to acquire machineguns and/or other restricted firearms, such as short-barreled rifles, by falsely representing that the firearms would be used for demonstration to law enforcement agencies, including the Coats Police Department and the Ray Police Department. The indictment further alleges that Hall, Sawyer, and other conspirators signed law letters with no expectation that the weapons would ever be demonstrated to their respective law enforcement agencies.

https://www.ammoland.com/2023/10/larry-vickers-of-vickers-tactical-among-names-indicted-for-conspiracy-to-acquire-machineguns/?ct=t(RSS_EMAIL_CAMPAIGN)

It appears that they were attempting to use the LEO/dealer loophole to obtain post 1986 select fire and fully automatic weapons, at normal market rates instead of paying the huge money for class III weapons for civilians which were made before 1986. Otherwise, as mentioned up thread, that cheap AK-47 that would be a few hundred bucks in Iraq would not cost 15-20K here.

Another restriction is a result of the Firearm Owners Protection Act (FOPA) passed in 1986. It prohibits the possession of new machine guns (made after 1986) by civilians. If the machine gun was not registered at the time the act was passed, it cannot be legally owned by a private citizen for any reason.

IIRC there is an exception for dealers in Class III firearms who cater to Law enforcement and Military clients who are exempt from the law to possess these as demo models for the purpose of furthering their trade to the limited class of people who are deemed to be legal recipients of such firearms.