Bureau of Alcohol, Tobacco, Firearms and Explosives

Jacksonville, FL – United States Attorney Roger B. Handberg announces that Thelonious Wayne Kirby (51, Jacksonville) has been found guilty of possessing a firearm as a convicted felon, following a bench trial. Kirby faces a maximum sentence of 10 years in federal prison. A sentencing date has not yet been set. Kirby is currently in state custody and appeared in federal court on a writ. He is currently serving a state prison sentence for unrelated charges.

According to court documents, on October 28, 2020, Kirby sold a .38 caliber revolver to an undercover officer from the Jacksonville Sheriff’s Office. At the time, Kirby had eight prior felony convictions and therefore was prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Jacksonville Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Frank Talbot. Assistant United States Attorney Mai Tran is handling the forfeiture of the firearm and ammunition.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.