U.S. Department of Justice
United States Attorney
Northern District of Georgia
Northern District of Georgia
For Immediate Release
May 23, 2013
Sally Quillian Yates, Acting United States Attorney
Contact: Bob Page, PAO
Lilburn Resident Charged With Illegal Possession of Firearms
Two Silencers Stolen from Licensed Firearm Dealer
ATLANTA, GA — Kevin S. Lahey has been indicted by a federal grand jury on charges of possessing two firearm silencers which are not registered to him in the National Firearms Registration and Transfer Record, of possessing and receiving seven firearms while being an unlawful user of controlled substances, and for making false statements in connection with the purchase of three firearms.
This potentially dangerous situation was discovered and defused before it could escalate, said United States Attorney Sally Quillian Yates.
Through the diligence of our federal and local law enforcement agencies, we will continue to work hard to keep our District safe and secure.
ATF’s mission and priority is to deny criminals access to firearms and protect the rights of law abiding citizens. When offenders illegally possess firearms that can be used against our citizens, our children and our community, ATF takes this very seriously, said ATF Special Agent in Charge Christopher Shaefer.
According to United States Attorney Yates, the charges and other information presented in court, on February 6, 2013, a man, later identified as Lahey, stole two silencers from a Lawrenceville firearms dealer. On February 9, 2012, Snellville Police arrested Lahey in connection with an alleged shoplifting incident at Wal-Mart where he allegedly attempted to steal two laser sights, a bi-pod stand for a rifle, and a holster. Lahey resisted arrest when officers attempted to arrest him. During that fight, officers report that he dropped a loaded handgun. Lahey was released on bond on February 10. As a result of this shoplifting arrest, the Snellville police were able to identify Lahey to the Bureau of Alcohol, Tobacco, Firearms, and Explosives as the individual who stole the silencers on February 6, 2013.
After identifying Lahey, an ATF task force officer obtained a warrant for his arrest and a search warrant for his residence. On February 25, 2013, officers and agents from both the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Gwinnett County Police Department executed the search warrant. During that search, they found one of the stolen silencers attached to a .22 caliber pistol. Agents later returned and found the second silencer in the crawlspace below Lahey’s parents’ house. Neither silencer was registered to Lahey in the National Firearms Registration and Transfer Record as required by federal law. In addition, during the search, agents found multiple firearms in Lahey’s possession, marijuana, bongs, drug pipes and other drug paraphernalia, and a body armor fragmentation protective vest.
Lahey, 26, of Lilburn, Georgia was originally indicted by a federal grand jury on March 19, 2013, for possession of a silencer that was not registered to him. That indictment has now been superseded to include additional firearms charges. The superseding indictment has seven counts, including possession of a firearm silencer which is not registered to the defendant in the National Firearms Registration and Transfer Record, possession of seven firearms by an unlawful user of controlled substances, receipt of three firearms while being an unlawful user of controlled substances, and making false statements in connection with the purchase of three firearms, specifically denying that he was an unlawful user of controlled substances. The charges each carry a maximum sentence of 10 years in prison and a fine of up to $250,000. In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.
Lahey is scheduled to be arraigned on the superseding indictment on May 30, 2013. He first appeared in court on March 1, 2013, after he was arrested on a federal complaint. At that time, Lahey was detained without bond and remanded to the custody of the U.S. Marshal pending trial. He remains in custody.
This case is being investigated by Special Agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Assistant United States Attorney Christopher J. Huber is prosecuting the case.
Members of the public are reminded that the indictment contains only allegations. A defendant is presumed innocent of the charges and it will be the government's burden to prove a defendant's guilt beyond a reasonable doubt at trial.
For further information please contact the U.S. Attorney’s Public Information Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016. The Internet address for the HomePage for the U.S. Attorney’s Office for the Northern District of Georgia is www.justice.gov/usao/gan.