SACRAMENTO, Calif. – A federal
indictment was unsealed today that charges four individuals in a firearm
straw-buyer scheme involving firearms that are not available for sale to the
public in California, United States Attorney Benjamin B. Wagner announced. The
indictment was returned yesterday by a federal grand jury.
Sacramento County Sheriff’s Deputies
Ryan McGowan, 31, and Thomas Lu, 42, both of Elk Grove, were each charged with
engaging in the business of dealing in firearms without a license. Federal
Firearms Licensee Robert Snellings, 61, of Rancho Murieta, was charged with
five counts of conspiracy to make false statements in federal firearms records.
McGowan and Ulysses Simpson Grant Early IV, 36, of Sacramento, were each
charged with one count of conspiracy to make a false statement in federal
firearms records.
Each of the counts is a felony. McGowan
and Early have received summons to appear soon before U.S. Magistrate Judge
Edmund F. Brennan today at 2:00 p.m. Snellings and Lu will appear at a later
date.
Under state law, California has an
approved roster of firearms that may be sold to the public. A Federal Firearms
Licensee is required to make sure any handgun sold is on the approved roster.
There is an exemption, however, for peace officers to purchase certain high-capacity
firearms known as "off-roster" firearms. Peace officers who own
off-roster firearms may sell them in a private sale, as long as it is brokered
by a Federal Firearms Licensee. They may not, however, use these private sales
to conduct a business whose principal objective is to make a profit through the
repetitive purchase and resale of firearms.
According to the indictment and other
documents filed with the district court, Snellings, a licensed firearms dealer,
engaged in straw purchases involving McGowan, Lu, and other unindicted persons,
who used their status as law enforcement officers to purchase off-roster
firearms that were not available to the general public. Those weapons were then
resold to private citizens in private transactions through Snellings’ firearms
business. Early was a purchaser in one of the charged transactions.
McGowan and Lu are each charged with
engaging in a firearms business without a license. Documents unsealed today
indicate that each of them purchased dozens of off-roster firearms and resold
many of them for profit. Snellings, McGowan, and Early are charged with various
counts of conspiracy to make false statements when filling out the ATF Form
4473 that is completed when a firearm is purchased. It is alleged in the indictment
that the law enforcement officer answered “yes” to the question on the form:
“Are you actual buyer of this firearm(s) listed on the form?”
Snellings’ business, Snellings’
Firearms, sold or transferred 33 firearms to McGowan and 29 firearms to Lu between
2008 and late 2011. Some of those weapons were then transferred back to
Snellings personally, thereby allowing Snellings to own the weapons himself or
sell them to another non-peace officer. Early is alleged to have used a police
officer as a straw buyer to purchase an off-roster firearm from Snellings.
According to the Automated Firearms
System (AFS), since 2008, McGowan purchased 41 handguns and sold 25 of them as
a private party transfer. Five were private party transferred within four weeks
of the initial purchase and 15 within one year.
According to AFS, Lu obtained 27
off-roster firearms since 2008. He private party transferred 23 firearms.
Eighteen were transferred within one year of the initial purchase.
“When law enforcement officers misuse
their badges to funnel dangerous weapons to the highest bidder, they compromise
the safety of the public. By putting personal profit ahead of public safety,
they undermine the very essence of their duty,” said U.S. Attorney Wagner. “I
want to specifically thank the Sacramento Sheriff’s Office, the Sacramento
Police Department, the Sacramento County District Attorney’s Office, and other
regional law enforcement agencies for their partnership in the course of this
investigation.”
“We are all saddened that law
enforcement officers chose to abuse their positions of trust by selling
firearms not readily available to the public,” said John P. Lee, ATF Assistant
Special Agent in Charge, San Francisco Field Division. “Engaging in this
illegal activity threatens public safety because it allows prohibited firearms
to fall into the hands of those who wish to conceal their identities. We are
thankful for the cooperation of all the investigating agencies that led to
their arrests and indictment.”
Sacramento County Sheriff Scott Jones
said: “Unfortunately, these two made the decision to abuse the authority that
comes with the privilege of wearing a badge. Such conduct cannot–and will
not–be tolerated. They not only dishonored themselves but the outstanding men
and women of the Sheriff’s Department who conduct themselves with dedication
and honor every single day.”
Sacramento County District Attorney Jan
Scully stated: “McGowan abused his position as a law enforcement officer for
his own personal gain, putting the safety of our community at risk. With this
coordinated effort between the U.S. Attorney's Office and local law enforcement
agencies, he will be held accountable for his crimes on both the state and
federal level.”
This case is the product of an extensive
investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives with
the active involvement of the Sacramento Sheriff’s Department and the
Sacramento Police Department. The Roseville Police Department and other area law
enforcement agencies assisted. As a result of the joint investigation, the
Sacramento District Attorney has also filed state charges against Ryan McGowan.
Assistant United States Attorneys William S. Wong and Michael D. Anderson are
prosecuting the case.
The maximum statutory penalty for each
of the conspiracy charges is five years in prison, a $250,000 fine, and a term
of supervised release. The maximum penalty for the charges of engaging in the
business of dealing firearms without a license is 10 years in prison, a
$250,000 fine, and a term of supervised release. The actual sentences, if
convicted, will be determined at the discretion of the court after
consideration of any applicable statutory factors and the Federal Sentencing
Guidelines, which take into account a number of variables. The indictment also
includes a notice that the Government will seek forfeiture of firearms involved
in the illegal transactions.
The charges are only allegations and the
defendants are presumed innocent until and unless proven guilty beyond a
reasonable doubt.
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