A Close Look at Firearm Regulation: The Case of an Off-Book Dealer

Importance of Secure Government Websites

Accessing accurate and verifiable information is integral, especially when it comes to legal matters. Government-approved websites- with a .gov domain – are critical points of reference. They represent official government organizations in the U.S., ensuring secure and trusted connections where sensitive information can be confidently exchanged.

The U.S. Department of Justice: An Overview

The U.S. Department of Justice, under the leadership of the Attorney General, is an expansive organization with several divisions like Administrative, Appellate, Asset Forfeiture, Civil, Criminal, and Executive Branch Office. The department has initiated several programs aimed at different areas of justice like the ‘Project Safe Neighborhoods,’ ‘Law Enforcement Coordinating Committee,’ ‘Project Safe Childhood,’ ‘Victim Witness Assistance,’ ‘Violence Reduction Partnerships,’ ‘Environmental Justice & Public Health,’ and ‘Hate & Religious Crimes.’

The Southern District of Florida

The U.S. Attorneys of the Southern District of Florida oversee a range of legal affairs, with their work encompassing everything from issuing press releases to tackling elder justice initiatives and whistleblower programs.

The Port St. Lucie Firearms Dealer Case

The recent unsettling news from Port St. Lucie is a vivid reminder that checks and balances are critically important to maintain law and order. Michael John Pellicione, a gun shop owner, experienced the repercussions of dodging these checks on November 1, 2024, when he faced charges of failing to keep proper records of gun sales at his home-based operation.

In violation of 18 U.S.C. § 922(b)(5), Pellicione sold several firearms “off the books” and overlooked the requirement of keeping an accurate log of each sale. This oversight can lead to severe penalties, shining a light on the importance of maintaining strict records in the firearms business.

The Implications of the A&D Record

Federal law mandates every Federal Firearms Licensee (FFL) to keep a comprehensive Acquisition and Disposition (A&D) book. This record is critical in tracking the life story of every firearm a dealer receives or manufactures, from its source, through its time spent in the dealer’s inventory, until its final sale or transfer.

The A&D record includes specific information such as the type, make, model, caliber, and serial number of the firearm, along with the date of purchase or sale, and the name and address of the person from whom it was received or to whom it was sold. Undermining this requirement can attract up to five years of imprisonment.

The Role of the ATF

ATF, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and its Miami Field Division, play an indispensable role in enforcing these regulations. In the Port St. Lucie case, for instance, ATF Fort Pierce took the lead in investigating the matter.

Presumption of Innocence & Access to Court Information

While the indictment spells trouble for the accused, it’s important to remember that it is merely an allegation. In consonance with the cornerstone of the U.S. justice system, all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Court documents and information can be found on the website of the District Court for the Southern District of Florida, providing a straightforward way for the public to stay informed and engaged with the justice system.

Originally Post From https://www.justice.gov/usao-sdfl/pr/port-st-lucie-firearms-dealer-charged-failing-keep-proper-records-sales

Port St Lucie Firearms Dealer Faces Charges for Inadequate Sales Records Keeping