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View Full Version : Gun dealer arrested for bad record keeping (CT)


jdberger
04-27-2006, 7:42 PM
Gun dealer arrested for bad record keeping (http://www.connpost.com/ci_3756903)

MICHAEL P. MAYKO mmayko@ctpost.com (mailto:mmayko@ctpost.com)


BRIDGEPORT One of the state's biggest gun dealers was arrested after federal agents say they uncovered numerous record-keeping violations at his shop, including the sale of three guns to a person charged with a felony.

Frank D'Andrea of Soundview Avenue, Shelton, is free on $200,000 bond but is under orders from U.S. Magistrate Judge Holly B. Fitzsimmons to come up with a plan to run his business with limited involvement while the case is pending. D'Andrea recently moved his D'Andrea's Gun Case from Barnum Avenue in Stratford to Woodmont Road in Milford and renamed it D'Andrea's Guns and Safes Unlimited. The business is still open, Lawrence Church, D'Andrea's lawyer, said Wednesday.

The move came just months after U.S. Attorney Kevin J. O'Connor rented a billboard across the street from D'Andrea's former store in Stratford. The poster read "Buy a gun for a criminal, go to federal prison."

O'Connor said Wednesday that ATF investigators determined that, over a two-year period, 100 guns seized at crime scenes had passed through D'Andrea's store. "Federally licensed gun dealers have a tremendous responsibility to sell weapons appropriately," O'Connor said.

D'Andrea, a lifelong area resident who graduated from Harding High School and is a Marine Corps veteran, has operated a gun store for about 30 years at various sites. While D'Andrea has cooperated with the federal government in several cases over the years, authorities said, he also has been an outspoken critic of restrictive gun laws.

Church said he advised his client not to discuss the case.

"He firmly insists on his innocence," Church said.

The arrest is based on an affidavit filed by Special Agent James Sullivan of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives.

The 22-page affidavit lists numerous, mostly record-keeping, violations. Sullivan charged that D'Andrea on 11 occasions failed to report multiple gun sales to the same person; on 34 occasions failed to get certification of the 90-day state residency requirement before selling guns to aliens; and on 32 occasions failed to insure that all of the questions on a required ATF transaction form were answered before the gun was transferred.

D'Andrea is charged with disposing of firearms without making entries into his record books; making false statements and representation on required forms; failing to conduct required background checks on purchasers; transferring guns to people who failed to certify they were not prohibited from buying guns; failing to report multiple sales to the same person; failing to report the theft or loss of firearms; and receiving or possessing firearms that are not registered.

Most of these charges carry a maximum possible sentence of five years in prison.

"The reason we have these record-keeping requirements is to prevent guns from falling into the wrong hands," O'Connor said. D'Andrea also is accused of mail fraud, which carries a possible 20-year term, and obstruction of justice, which carries a five-year term. Both those charges stem from his allegedly transferring guns through a broker to another dealer while the investigation was ongoing.

It is expected that Assistant U.S. Attorney Stephen Reynolds will take his evidence against D'Andrea to a federal grand jury next month.

The evidence was uncovered during a routine ATF inspection of D'Andrea's record-keeping last spring. That inspection led to an ATF search and seizure at the store and D'Andrea' s home Dec. 12.

Early during their audit of D'Andrea's store, ATF inspectors determined 74 guns in the inventory were missing. Checking firearm records they said they discovered that three of those guns turned up during a crime or were seized during the investigation of a crime. Sullivan said one of the missing guns a Colt Assault Rifle 15 previously was found in possession of a Woodbridge man. After police seized the gun from the man, ATF agents traced its serial number and found it still listed as though it was in the possession of D'Andrea's store, Sullivan said, adding the weapon never was reported sold or stolen.

The audit also showed that three guns were sold to an individual who was under arrest in a felony. No one charged with a felony can possess a gun while the case is pending. Federal law prohibits convict felons from possessing a gun.

Sullivan said the inspection determined that on 31 occasions D'Andrea failed to properly record the National Instant Criminal Background Check System and in six instances made false representations regarding the checks on ATF forms.

The inspection also found 73 instances in which D'Andrea failed to record gun sales and 59 instances of incorrectly recording gun sales on his Acquisitions and Dispositions Record.

One of the guns not recorded but found in the store was a Street Sweeper, which street gangs prefer for drive-by shootings, authorities said.

As the inspection proceeded, Sullivan accused D'Andrea of unlawfully disposing of firearms.

A former store employee told ATF inspectors that D'Andrea asked him to ship two Thompson submachine guns and a shotgun by Federal Express to a dealer in Florida, according to Sullivan's affidavit.

You gotta love those 'recordkeeping violations'.

Charliegone
04-27-2006, 7:47 PM
If the guy did sell to felon's than he deserves it but considering the ATF in the past has done crooked stuff like falsifying information I have my doubts.

jdberger
04-27-2006, 7:59 PM
The audit also showed that three guns were sold to an individual who was under arrest in a felony. No one charged with a felony can possess a gun while the case is pending.

Assuming he did the NICS check and the guy answered "NO" on the 4473, how is the dealer to know that the guy was under information for a felony?

Charliegone
04-27-2006, 8:04 PM
So in other words the guy lies says "no I've never been convicted of a felony" passes the NISC check! and the dealer gets the heat? That is some f-d up ..stuff.:mad: So this would be the people in charge of the background checks fault not the dealer...I knew it.. ATF brutality.:mad:

xenophobe
04-27-2006, 8:38 PM
ATF is on a nationwide rampage right now... they're doing audits and not allowing license renewals for the smallest infractions.

Various local stores are being denied license renewals.

I'm scared to think who might be next.

blacklisted
04-27-2006, 9:30 PM
I hear rumors that San Jose Gun Exchange may be shut down next.

BTW: Traders is still up and running and will continue to be for the foreseeable future.

Oh look, it's the troll! :rolleyes:


And just what are you going to do with them?

There was another survey taken and the results were 90% of the buyers of the lowers were between 18 and 35 years old.(going on 15 to 25) 95% where never in the military forces but bought the lowers to look macho. Last but not least 90% never got past the 11th grade.

I doubt that any one on this form can give an intelligent reason for this lower craze. It seems like this. Daddy(DOJ) won't let me have my candy so I will have to sneek it. In states where you can buy a AR, you can bet no Stag Lower craze is in effect.

FreedomIsNotFree
04-27-2006, 10:04 PM
oh joy........

jdberger
04-27-2006, 10:12 PM
Kerleys?

I love that place. Crap. They don't even sell anything "evil". Jjust a bunch of hunting rifles. My kids really dug the mounted bear and lion. I was often able to whisper to them, "should we go see the lion?" and they'd clamor for a trip to "Gun Store Gun Store Gun Store" and the wife would have to let me go. Then I could sneak into SJGE and catch Xeno and the crew eating lunch!

Wow, hope Kerley's will be having a sale......

jdberger
04-27-2006, 10:17 PM
If you read the newspaper article more carefully: The Colt AR-15 was still listed as in the gun stores' inventory. The obvious explanation is that it was sold under the table to a felon, without ever running the background check or doing the form 4473.

Sullivan said one of the missing guns a Colt Assault Rifle 15 previously was found in possession of a Woodbridge man.
It was a Colt Assault Rifle 15 Methinks that's off-list....;)
You are also making assumptions regarding its disposition. Maybe it was stolen. Wouldn't be the first time someone swiped something from a gun store. Maybe it was a sale that never got recorded. These things happen. Nowhere in the article does it say that the rifle went to a felon.

socalguns
04-27-2006, 11:17 PM
If you read the newspaper article more carefully: The Colt AR-15 was still listed as in the gun stores' inventory. The obvious explanation is that it was sold under the table to a felon, without ever running the background check or doing the form 4473.

Now remember that the newspaper article is obviously based on information provided by the prosecution, which in this case means the ATF. So take everything said in it (including my interpretation above) with the grain of salt that is required by "innocent until proven guilty".
The article is full of allegations.
Allegations remain assertions without proof,
only claims until they are proved.

NRAhighpowershooter
04-28-2006, 7:21 AM
Yes Traders is still open.. but when I was there 2 weeks ago, their gun racks were getting awefully empty...maybe that has changed since then....

jdberger
04-28-2006, 9:09 PM
OMG!!



I'm thinking this is all my fault - I always hit Kerleys after I'm at Gun Exchange....:eek:

kantstudien
04-28-2006, 11:18 PM
What's a little ribbing between competitors? :rolleyes:

adamsreeftank
04-28-2006, 11:34 PM
What's going on with this thread.

I'm having trouble figuring out what's real and what's not.

xenophobe
04-29-2006, 12:27 AM
Sorry, I spoke without permission. Consider my comments null and void.

sac7000
04-29-2006, 6:01 AM
ATF is on a nationwide rampage right now... they're doing audits and not allowing license renewals for the smallest infractions.

Various local stores are being denied license renewals.



ATF agents were in our local gun store the other day, concerned about recordkeeping issues. All went well however it was a less-then-pleasant experience so I was advised. New 4473 forms are out, I filled one out while picking up my XD sub-compact. More questions to answer with a " no " New forms are white instead of the traditional mustard yellow.

sac7000
04-29-2006, 6:03 AM
What's going on with this thread.

I'm having trouble figuring out what's real and what's not.

Jab your arm with a sharp pin, if it hurts it's real. If not continue on to the next thread. Now pass the mustard please.