Georgia Man Pleads Guilty to Felon in Possession of Firearm and Ammunition Charge

BOSTON – A Georgia man pleaded guilty on Wednesday, Jan. 15, 2021 in federal court in Boston to illegal possession of a semi-automatic pistol.

Herbert Palmer, 39, of Decatur, Ga., pleaded guilty to one count of being a felon in possession of a firearm and ammunition before U.S. District Court Judge Denise J. Casper, who scheduled sentencing for May 13, 2021.

On Aug. 12, 2020, police were dispatched to an apartment in New Bedford following a report of a disturbance where a man had a gun and was pointing it to a woman’s head. After police arrived, the man, later identified as Palmer, exited the apartment and told police that he had a knife on his person. A search of Palmer revealed he had a folding knife and firearm magazine loaded with four rounds of .380 caliber ammunition, which Palmer claimed to be carrying because it did not fit his BB gun, although he denied having a gun.

A witness informed police that Palmer had pointed a small black gun at individuals while inside the apartment that evening and that when Palmer manipulated the firearm, the magazine dropped out of the handgun and fell to the floor. Palmer picked up the magazine and then proceeded to the second floor to change his clothing. Police searched the apartment and located a Lorcin, Model 380. .380 caliber semi-automatic pistol in a second-floor bedroom. Authorities confirmed the ammunition recovered from Palmer’s person was the same caliber as the firearm.

According to court documents, Palmer was convicted in 2010 of assault and battery with a dangerous weapon, and is therefore prohibited from possessing firearms and ammunition.

The charging statute provides for sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the United States Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the  Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and New Bedford Police Chief Joseph C. Cordeiro made the announcement. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit is prosecuting the case.

Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.