Former firearms and ammunition dealers pled guilty today to National Firearms Act charges, for their unlawful possession of an unregistered firearm.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Carlos A. Canino, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Office, Robert C. Hutchinson, Acting Special Agent in Charge, U.S. Immigration and Customs Enforcements Homeland Security Investigations (ICE-HSI), Miami Field Office, and Rick Ramsay, Sheriff, Monroe County Sheriff’s Office, made the announcement.
U.S. Attorney Ferrer stated, “The National Firearms Act imposes restrictions on sales of the most dangerous firearms: including concealable weapons, machine guns and sawed-off shotguns. Prosecuting the unlawful receipt and possession of unregistered firearms is part of our mission to reduce gun violence and make our community safer."
“ATF has a strong partnership with Federal Firearms Licensees. They are our first line of defense in stopping the illegal flow of firearms. These individuals betrayed that partnership and have been held accountable,” said Carlos A. Canino, Special Agent in Charge.
“We work very closely with our many law enforcement partners to disrupt the possession, sale and exportation of illegal firearms in south Florida,” said acting Miami HSI Special Agent in Charge Robert C. Hutchinson. “This was another successful opportunity to support the ATF and Monroe County Sheriff’s Office to protect the Florida Keys.”
“This case was just one example of the close partnership we have here in Monroe County between our local and federal agencies,” said Sheriff Rick Ramsay. “We all have the same goal: keeping our citizens safe.”
Jarvis Nelson Osorio, 36, of Miami Lakes, Thomas Joseph Willi, 52, of Key West, and Outbreak Ordnance, LLC, a federally licensed firearms dealer located in Big Pine Key, each pled guilty to one count of knowingly receiving and possessing an unregistered .38 caliber “cane gun,” a weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, in violation of Title 26, United States Code, Sections 5841, 5861(d), and 5871. As part of the defendants’ guilty pleas, Osorio, Willi, and Outbreak Ordnance, LLC must surrender their federal firearms licenses, which are required in order to engage in the business of dealing in firearms.
Sentencing is scheduled for October 4, 2016 before U.S. District Judge Jose E. Martinez. At sentencing, Willi and Osorio each face a maximum of ten years’ imprisonment. The company, Outbreak Ordnance, LLC, faces a maximum fine of $500,000.
According to court documents and information disclosed during hearings before United States Magistrate Judge Lurana S. Snow, Osorio and Willi owned and operated co-defendant Outbreak Ordnance, LLC, a firearms and ammunition retail store. Outbreak Ordnance, LLC was licensed to deal in National Firearms Act (“NFA”) weapons. The NFA is a comprehensive taxing scheme that regulates the manufacture, sale, and transfer of certain specially dangerous and concealable weapons, including short-barreled shotguns, short-barreled rifles, any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, machineguns, silencers, and destructive devices.
According to court documents, on July 16, 2015, ATF agents executed a search warrant at Outbreak Ordnance, LLC’s retail store. There, ATF agents discovered records showing that the defendants unlawfully acquired fifteen unregistered NFA weapons, including a .38 caliber “cane gun.” ATF agents subsequently recovered the unregistered weapons, several of which had been advertised for sale on Outbreak Ordnance, LLC’s publicly accessible Facebook page.
Mr. Ferrer commended the investigative efforts of the ATF, HSI, and the Monroe County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorneys Christopher Browne and Adam Fels.