Washington County Man Charged with Illegal Possession of a Machinegun and Ammunition

ALBANY, NEW YORK – Daniel Day, age 34, of Argyle, New York, was arrested and charged by criminal complaint today with unlawfully possessing ammunition as a felon and illegally possessing a machinegun on August 5, 2021.

The announcement was made by Acting United States Attorney Antoinette T. Bacon; Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

The criminal complaint alleges that Day, who has a prior felony conviction for unlawfully possessing a firearm as a user of a controlled substance, possessed ammunition and a machinegun at his residence in Argyle, on August 5, 2021. Law enforcement also located other firearms and ammunition at his residence. The charges in the complaint are merely accusations.  The defendant is presumed innocent unless and until proven guilty. 

If convicted, Day faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

Day appeared today before United States Magistrate Judge Christian F. Hummel, who ordered him detained.

This case was investigated by the FBI's Joint Terrorism Task Force (JTTF), with assistance from the New York State Police and ATF, and is being prosecuted by Assistant U.S. Attorneys Alexander Wentworth-Ping and Richard Belliss. 

This case is part of Project Safe Neighborhoods (PSN), 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.