September 24, 2009
For more information contact:
Managing Assistant U.S. Attorney Dixie A. Morrow
(850) 444-4000
UNLICENSED DEALER PEDDLES MULTIPLE FIREARMS TO UNDERCOVER AGENTS, FELON, AND OUT-OF-STATE RESIDENT AT FLORIDA FLEA MARKET
Pensacola, Florida - United States Attorney Thomas F. Kirwin, Northern District of Florida and Special Agent in Charge Virginia O'Brien, Bureau of Alcohol, Tobacco, Firearms and Explosives, Tampa Field Division (“ATF”), announced today that Henry Richard Hale, 62, Pensacola, Florida, entered pleas of guilty to the eleven count indictment returned by the federal grand jury. In a hearing before United States Magistrate Judge Miles Davis, Hale admitted that he was not a licensed dealer of firearms, but nonetheless willfully engaged in the business of dealing in firearms, in violation of Title 18, United States Code, Sections 922(a)(1)(A), 923(a) and 924(a)(1)(D). (Count One). Hale further admitted to willfully selling firearms to an out-of-state resident on five occasions, in violation of Title 18, United States Code, Sections 922(a)(5) and 924(a)(1)(D) and to knowingly selling firearms to a convicted felon on five occasions, in violation of Title 18, United States Code, Sections 922(d)(1) and 924(a)(2). (Counts Two through Eleven).
During the late summer of 2008, ATF, Pensacola Field Office, began an investigation into persons selling, transferring and trading firearms at the “T&W Flea Market” located in Pensacola, Florida. During the investigation, Hale sold a total of 14 firearms to undercover agents, a convicted felon and an out-of-state resident from booths he operated at the flea market. Thereafter, Hale told agents that he does not maintain records pertaining to the acquisition and disposition of firearms, and that he has no way of knowing who he has sold firearms to in the past. Hale further stated that he has never been a federally licensed firearms dealer and that he sells firearms and other merchandise at the flea market as a source of income.
Hale will be sentenced by Senior United States District Judge Lacey A. Collier at 10:30 AM on December 8, 2009. The maximum penalty for each of Counts One through Six is 5 years imprisonment, a $250,000 fine, 3 years of supervised release, forfeiture and a standard $100 special monetary assessment. The maximum penalty for each of Counts Seven through Eleven is 10 years imprisonment, a $250,000 fine, 3 years supervised release and a standard $100 special monetary assessment.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Pensacola Field Office and Special Agent Allen Davis. This prosecution is being handled by Assistant United States Attorney Tiffany H. Eggers.