Millbury Man Arrested for Possessing Large Quantities of Ammunition in Violation of Court Restraining Order

UPDATE: Charges against the defendant were dismissed in August 2023.

BOSTON – A Millbury man has been arrested and charged for allegedly possessing large amounts of ammunition, including armor-piercing ammunition, in violation of a 2021 restraining order.

Nial Luu, 31, was charged on June 2, 2023 with unlawful possession of ammunition by a person subject to a court order restraining him from harassing stalking, or threatening an intimate partner. Following an initial appearance in federal court in Worcester before U.S. District Court Magistrate Judge David H. Hennessy, Luu was detained pending a hearing set for June 7, 2023. 

According to court records, Luu is subject to an active California State Court order restraining him from assaulting, threatening, abusing, harassing, following, interfering, or stalking a former intimate partner. As a result, Luu is prohibited from possession or receiving firearms or ammunition. During a search of Luu’s residence, approximately 200 rounds of 5.56 mm ammunition, capable of being fired from and AR 15-style rifle, which were marked as “green tipped” or armor-piercing, as well as approximately 300 rounds of 9 mm ammunition were seized. According to the charging documents, various component parts necessary to assemble multiple AR-15 style rifles and Glock-style handguns, and four 30-round magazines compatible with an AR 15 style rifle were also seized from Luu’s residence.

The charge of unlawfully possession ammunition while subject to a court order restraining him from harassing stalking, or threatening an intimate partner provides for a sentence of up to 15 years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

Acting United States Attorney Joshua S. Levy; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Millbury Police Chief Brian Lewos made the announcement today. Valuable assistance was provided by the FBI Worcester Field Office. Assistant U.S. Attorney Kaitlin J. Brown of Levy’s Worcester Branch Office is prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.