ATF

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Bureau of Alcohol, Tobacco, Firearms and Explosives

East Windsor Gun Store Owner Who Violated Federal Laws is Sentenced

District of Connecticut

 

www.justice.gov/usao/ct

For Immediate Release

March 27, 2014


Deirdre M. Daly, United States Attorney

Contact: Tom Carson, Public Information Office
(203) 821-3722
tom.carson@usdoj.gov

East Windsor Gun Store Owner Who Violated Federal Laws is Sentenced

Deirdre M. Daly, United States Attorney for the District of Connecticut, and Daniel J. Kumor, Special Agent in Charge of the ATF Boston Field Division, announced that DAVID LAGUERCIA, 57, of Broad Brook, was sentenced today by U.S. Magistrate Judge Holly B. Fitzsimmons in Bridgeport to three years of probation for violating federal firearms laws. LAGUERCIA, the owner of Riverview Gun Sales in East Windsor, was also ordered to pay a personal fine of $1500, an additional fine of $5000 on behalf of his business, and to perform 100 hours of community service.

According to court documents and statements made in court, LAGUERCIA, doing business as RIVERVIEW SALES, INC. (“Riverview”), was a federal firearms licensed dealer in Connecticut (“FFL”) from 2005 to December 2012. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted an investigation of LAGUERCIA and Riverview and discovered approximately 300 examples of false or missing information in Riverview’s acquisition and disposition (“A&D”) records. The investigation also revealed at least two instances in which individuals received firearms prior to receiving approval from the national instant criminal background check system (“NICS”). Riverview also failed to report the theft of a firearm within 48 hours, and failed to report multiple sales of handguns to the same individuals.

“This investigation revealed that one of Connecticut’s largest gun dealers conducted their business in a lax and irresponsible way,” stated U.S. Attorney Daly. “Riverview had hundreds of record-keeping violations, improper sales, lax security, and poor inventory management. Federally-licensed firearms dealers have a critically important responsibility in helping to ensure that legal firearms don’t become illegal firearms on the street, and dealers who chronically fail to follow the rules will be prosecuted.”

“Today’s sentence is a reminder having a Federal Firearms License is not license to break the law,” stated ATF Special Agent in Charge Kumor. “FFL’s must comply with federal regulations to ensure the safety of the general public. When an FFL fails to do so and puts communities in danger, the consequence is federal prosecution.”

On December 20, 2012, ATF issued a revocation of Riverview’s FFL, effective on that date. LAGUERCIA has not appealed this administrative decision.

On August 22, 2013, LAGUERCIA pleaded guilty to one count of transfer of a firearm before completion of background check, and one count of failure to maintain proper firearm records.

LAGUERCIA also pleaded guilty on behalf of RIVERVIEW SALES, INC. to one count of making false entries in dealer’s records.

In addition to a fine of $5000, RIVERVIEW SALES, INC. was sentenced to a five-year term of probation.

While on probation, LAGUERCIA is prohibited from being an FFL or a responsible party for an FFL for a period of five years.

On September 30, 2013, Krystopher DiBella, a former employee of Riverview received a federal sentence of three years of probation for assisting in the transfer of firearms to individuals who failed to complete a required ATF form when purchasing firearms at the store.

In 2011, Jordan Marsh of South Windsor stole approximately 12 firearms of Riverview and, in December 2012, he stole a Windham Weaponry 5.56 mm caliber semi-automatic rifle from the store. Marsh was arrested on December 15, 2012, after he attempted to steal a Bushmaster .50 caliber rifle from Riverview. Marsh is currently serving a state sentence of eight years of incarceration, to be followed by a federal sentence of five years of probation.

This matter was prosecuted by Assistant U.S. Attorney Robert M. Spector.

Field Division: