ATF Investigation Leads to Federal Charges for Oklahoma Firefighter, Police Officer

A firefighter and police officer in Blackwell, Oklahoma, have been charged with a federal crime after being accused of possessing an unregistered machine gun. 

Firefighter Troy Ron Aebischer, 30, of Blackwell, and police officer John Harvey, 26, of Ponca City, were charged in United States District Court for the Western District of Oklahoma with illegal possession of an unregistered fully automatic Russian AK-47 machine gun. Harvey is accused of smuggling the weapon back from military duty in Afghanistan and selling it to Aebischer, who has a federal firearms license to buy and sell firearms from his home-based business.

According to reports, Harvey received the gun as a gift from an interpreter assigned to his unit during military deployment to Afghanistan. He smuggled the 1974-made Russian AK-47 machine gun back home and traded it to Aebischer for $500 and a pistol. 

Aebischer then allegedly approached an acquaintance, Blackwell police officer Bobby Kehn, about buying the unregistered weapon.  Kehn notified the Blackwell police chief, and the Department, in conjunction with the federal Bureau of Alcohol Tobacco Firearms and Explosives (ATF), conducted a sting operation.  Aebischer allegedly went with Kehn to a firing range to shoot the AK-47, which was sawed off and mounted with a tactical sling.  The ATF arranged for the officer to offer to buy the unregistered weapon for $2,000.

Aebischer and Harvey were arrested March 1, 2013, and charged in federal court on March 4.  Each man was released on $5,000 unsecured bond.  If convicted of illegal possession of an unregistered machine gun, they each face up to ten years in prison and fines of up to $250,000.

The shootings at Sandy Hook Elementary in Newtown, Connecticut, have increased public demand for stricter gun controls and legislation.  Gun rights advocates, however, say that restricting gun rights does nothing to curb the availability of illegal weapons, and only removes the ability of law abiding citizens to legally protect themselves.

Oklahoma is typically regarded as a gun-friendly state, and recent laws have allowed Oklahomans to openly carry weapons if they are properly licensed to do so. However, there are still state and federal prohibitions against possessing certain types of weapons and against failing to register certain weapons. Federal firearms laws include:

·         Possession of a firearm or ammunition by a prohibited person (felon, drug user or addict, illegal alien or aliens with non-immigrant visas, anyone subject to a domestic restraining order, anyone with a prior domestic assault conviction, a fugitive from justice, and anyone dishonorably discharged from the military)

·         Selling or giving a firearm or ammunition to a prohibited person

·         Using, carrying, or possessing a firearm in the furtherance of a drug felony or federal violent crime

·         Receiving, possessing, selling, or transporting a stolen firearm, ammunition, or explosive

·         Possessing or discharging a firearm in a school zone, except as authorized

·         Possessing or manufacturing any machine gun, fully automatic firearm or any part designed or intended exclusively for use in such weapon; any firearm silencer, including any device, or part thereof, designed to silence, muffle ordiminish the report of a firearm; sawed-off shotgun with a barrel length of less than 18" or overall length less than 26"; sawed-off rifle with a barrel length of less than 16" or overall length less than 26"; destructive device; semi-automatic assault weapon manufactured after October 1, 1993; or any firearm which lacks a serial number or contains an altered or obliterated serial number.

·         Selling, delivering, or transferring a handgun or handgun-only ammunition to a juvenile under age 18

If you are accused of a federal crime or facing criminal charges in federal court, it is important to find an attorney who is knowledgeable of federal law and who is experienced in representing defendants in the United States District Courts of Oklahoma.  To find a federal criminal defense lawyer in Oklahoma, visit OklahomaCityLegalGroup.com/federal-criminal-defense.

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