Federal Prosecutors Aggressively Pursuing Those Who Lie in Connection With Firearm Transactions

OKLAHOMA CITY — The Western District of Oklahoma is aggressively seeking to keep firearms out of the wrong hands by pursuing those who lie in connection with gun purchases.  Several recent cases charged in federal court highlight these efforts.

Federal law prohibits knowingly making any false statement in connection with purchasing, or attempting to purchase, a firearm.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) requires prospective firearm buyers to complete ATF Form 4473.

This Form requires buyers to answer several questions, including those about the buyer’s competency, criminal history, drug use, immigration status, and history with domestic violence.

Applicants who knowingly make false statements may also face criminal prosecution for a felony and up to 10 years in federal prison.

Federal Firearms Licensees (FFLs), who sell or transfer a firearm to a prohibited person, allow a straw purchaser to buy a gun for someone else, or fail to keep proper records of who they sell firearms to may also face criminal prosecution.

Before attempting to purchase a firearm, prospective buyers who have eligibility concerns should visit www.atf.gov or contact their local ATF field office.

“Keeping guns out of the hands of those who shouldn’t have them is of paramount concern,” said U.S. Attorney Robert J. Troester.  “We will use the tools available to us to pursue those who use a straw purchaser or lie when trying to buy a gun.

We will continue to work closely with ATF and our law enforcement partners to prevent guns from falling into the wrong hands by holding accountable those who lie to get them.”

“ATF and its’ partners work tirelessly to keep firearms out of the hands of those who should not have them.  There is no higher priority than protecting our citizens and their loved ones from firearms violence.

The lesson learned here is that if you buy a gun for someone that shouldn’t have one, you will go to prison.  And trust me, prison is not somewhere you want to be,” stated ATF Dallas Field Division Special Agent in Charge Jeffrey C. Boshek II.

The following recent cases brought in federal court are examples of efforts in the Western District to hold defendants accountable for making false statements in connection with the attempted purchase or purchase of a firearm or related offenses:

Sentencings:

• AMY CARWILE, 46, and KEVIN CARWILE, 48, both of Purcell, Oklahoma, were sentenced on August 3, 2022, to serve three months in federal prison.  According to public records, the Carwiles were engaged in the business of selling firearms, and dating back to 2012, they made false statements and failed to maintain proper records in connection with their firearm business.  Transaction records indicate that the Carwiles had sold approximately 253 firearms through their off-the-books operation.  Records further reflect law enforcement seized 112 firearms that were to be sold without completing the appropriate and required paperwork.  Their federal firearms license to sell firearms has been revoked.
• EDDIE WAYNE MORRISON, 34 of Duncan, Oklahoma, was sentenced to time-served, or essentially 16 months in federal custody, on December 29, 2022, for making a false statement during the purchase of a firearm. According to public records, Morrison purchased a firearm from EZ Pawn in Duncan.  Prior to purchasing a firearm, Morrison had been deemed incompetent by a court.  He was also subject to a protective order in Love County.  A judge had ordered Morrison detained in federal custody since August 12, 2021, until sentencing.  He is currently serving a term of two years of supervised release.

Guilty Pleas:

• HERIBERTO FLORES, 29, of Oklahoma City, pleaded guilty on April 5, 2022, to illegal possession of ammunition as a convicted felon.  According to public records, Flores was at an Oklahoma City Fairgrounds gun show with another individual, Haley Adkison, where officers observed the two looking at different handguns.  Law enforcement pulled over Flores after he left the gun show and found him in possession of ammunition.  At sentencing, Flores faces up to ten years in federal prison.
• HALEY LEEANNE ADKISON, 24, of Oklahoma City, pleaded guilty on August 18, 2022, to making a false statement during a firearms transaction.  According to public records, Adkison was observed completing paperwork regarding the purchase of firearms at an Oklahoma City Fairgrounds gun show, after looking at different firearms with Heriberto Flores.  Adkison was scheduled to take possession of six firearms at the vendor’s store in Tulsa, Oklahoma.  At sentencing, Adkison faces up to ten years in federal prison.
• JOSHUA DAVID MOSELEY, 31, of Harrah, Oklahoma, pleaded guilty on September 6, 2022, to making a false statement during the purchase of a firearm.  According to public records, Moseley attempted to purchase a firearm from Super Pawn #2 Inc., in Oklahoma City.  Moseley checked “no” for having been convicted in any court of a misdemeanor crime of domestic violence.  Public records show that, on January 6, 2022, Mosely was convicted of misdemeanor domestic assault and battery in Oklahoma County District Court case CM-2021-1377.  At sentencing, Moseley faces up to 10 years in federal prison.
• BRIONJRE MARTAI ODELL HAMILTON, 22, of Oklahoma City, pleaded guilty on October 10, 2022, to making false statements during attempted purchases of firearms.  According to public records, on May 25, 2022, Hamilton was convicted of carrying a firearm under the influence of drugs (marijuana) in Oklahoma County District Court case CM-2021-3533.  Thereafter, records reflect Hamilton lied on the ATF Form 4473 regarding his eligibility to purchase firearms and attempted to purchase firearms on four separate occasions, after the ATF informed Hamilton that he was prohibited from doing so.  At sentencing, Hamilton faces up to 10 years in federal prison on all four counts.
• NEMORY ZAHID RAMOS CASTRO, 22, of Oklahoma City, pleaded guilty on January 5, 2023, for making a false statement during the purchase of a firearm.  According to public records, Ramos made false written statements in connection with the purchases of two assault-style firearms, one in Oklahoma City and one in Luther, Oklahoma.  In one instance, Ramos submitted the ATF Form 4473 stating he was not acquiring the assault-style firearm for another person, but a few hours after the transfer law enforcement found another individual in possession of it during a traffic stop.  At sentencing, Castro faces up to ten years in federal prison on both counts.

Sentencings hearing in federal criminal cases take place approximately 90 days after a plea of guilty.  Reference is made to public filings for more information.

This case is part of Project Safe Neighborhoods, the Department of Justice’s signature nationwide initiative that brings together federal, state, local, and tribal law enforcement officials and prosecutors to address violent crime, reduce gun violence, and enforce federal firearms laws.

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