Port St. Lucie Firearms Dealer Charged with Failing to Keep Proper Records of Sales

MIAMI – On Nov. 1, Michael John Pellicione, 76, the owner of a Port St. Lucie gun shop who operated out of his residence, was arraigned on a federal indictment charging him with selling several firearms “off the books” in violation of 18 U.S.C. § 922(b)(5), which penalizes the failure of a firearms dealer to keep a proper record of sales.

According to allegations contained in court documents filed in this matter, Pellicione, a federal firearms licensee (FFL), failed to enter the sale of five firearms into his acquisition and disposition (A&D) record. Federal law requires an FFL to record, in the A&D book, all of the firearms that the FFL receives or makes, and then indicate where each of those firearms are – whether they are still in the FFL’s inventory or where they went if they were sold or transferred. Additionally, the A&D book must include the type of firearm, the make, model, caliber, and serial number, the date and from whom the firearm was received and that person's address, as well as the name, date, and address of the person to whom the firearm was sold or transferred.

If convicted of the charged offense, Pellicione faces up to five years’ imprisonment.

Markenzy Lapointe, U. S. Attorney for the Southern District of Florida, Special Agent in Charge Anthony Salisbury of Homeland Security Investigations (HSI), Miami, and Special Agent in Charge Christopher A. Robinson of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Miami Field Division, made the announcement.

HSI Fort Pierce and ATF Fort Pierce investigated this case. Managing Assistant U.S. Attorney Carmen Lineberger is prosecuting this matter.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov, under case number 24-cr-14055.

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