Four Individuals Charged in Connection with Firearms Trafficking Conspiracy

TRENTON, N.J. – Four New Jersey men were charged with conspiring to illegally traffic in firearms, including privately manufactured handguns, in Ocean County, U.S. Attorney Philip Sellinger announced today.

James Hyres, 38, of Toms River, New Jersey, Dennis McMickle, 35, of Brick, New Jersey, James Opalenik, 51, of Ocean Gate, New Jersey, and Edward Trost, III, 36, of Toms River, are each charged by criminal complaint with conspiracy to traffic in firearms and trafficking in firearms. Hyres and McMickle are also charged with two counts of possession of a firearm by a previously convicted felon. McMickle and Opalenik are also charged with one count of unlawfully possessing a firearm with an obliterated serial number.

Hyres and Opalenik were arrested this morning in Ocean County. Opalenik is scheduled to appear today before U.S. Magistrate Judge Tonianne J. Bongiovanni in Trenton federal court. Hyres is scheduled to have his initial appearance on July 30, 2024, before Judge Bongiovanni.  McMickle and Trost were already in custody in Monmouth County and Ocean County, respectively, on unrelated state criminal charges.

According to the complaint:

From April 2024 through May 2024, Hyres, McMickle, Opalenik, and Trost were members of a gun trafficking conspiracy that operated in and around Ocean County. During that time, Hyres manufactured privately made firearms, also known as PMFs or “ghost guns,” for resale using various component parts, including firearm frames manufactured by Hyres using a 3D printer. Hyres, assisted by McMickle and Trost, then sold PMFs and other traditional firearms for profit to others, including a confidential source working at the direction and supervision of the FBI. Opalenik, assisted by McMickle, sold a semi-automatic rifle to the confidential source in furtherance of the firearms trafficking conspiracy. McMickle also sold the confidential source a 9-millimeter semi-automatic handgun in January 2024. Law enforcement’s investigation revealed that none of these defendants held a federal license to deal or manufacture firearms. Hyres, McMickle, and Trost each have prior felony convictions and are prohibited from possessing a firearm under federal law.

The counts of conspiracy to traffic in firearms, trafficking in firearms, and possession of a firearm by a previously convicted felon each carry a maximum potential penalty of 15 years in prison and a $250,000 fine. The count of unlawfully possessing a firearm with an obliterated serial number carries a maximum penalty of five years in prison and a $250,000 fine.    

U.S. Attorney Sellinger credited agents with the FBI Newark Red Bank Jersey Shore Safe Streets Task Force, under the direction of FBI Special Agent in Charge James E. Dennehy, with the investigation leading to the charges and arrests. He also thanked the Ocean County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, Newark Field Division, the Lakewood, New Jersey, Police Department, and the Toms River, New Jersey, Police Department for their assistance in the investigation.

The government is represented by Assistant U.S. Attorney Ian D. Brater of the U.S. Attorney’s Office’s Criminal Division in Trenton.

The charges and allegations contained in the complaints are merely accusations and the defendants are presumed innocent unless and until proven guilty.