Mineral County man indicted for firearms charges

MARTINSBURG, WEST VIRGINIA – Robert Kenneth Niland, of Keyser, West Virginia, was indicted by a federal grand jury sitting in Martinsburg on January 23, 2019 on firearms charges, United States Attorney Bill Powell announced.

Niland, age 49, is charged with one count of “False Statement in Connection with the Acquisition of a Firearm,” one count of “Unlawful Possession of a Firearm,” and one count of “False Statement to a Federal Agent.” Niland is accused of making a false written statement when purchasing a 9mm pistol from a licensed dealer in New Creek, West Virginia in October 2018. Niland, a person prohibited from having firearms, is accused of possessing the 9mm pistol and lying to an ATF agent about the whereabouts of said firearm in November 2018. 

Niland faces up to 10 years incarceration and a fine of up to $250,000 for the firearms counts. He faces up to five years incarceration and a fine of up to $250,000 for the false statement count. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

This case was brought as part of Project Safe Neighborhoods (PSN). Project Safe Neighborhoods 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.

Assistant U.S. Attorney Kimberley D. Crockett is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. 

An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.