Bureau of Alcohol, Tobacco, Firearms and Explosives

ALBANY, NEW YORK – Joseph T. Clemente, Jr., age 34, of Latham, New York, pled guilty today to illegally possessing a short-barreled rifle.

The announcement was made by United States Attorney Grant C. Jaquith and Ashan M. Benedict, Special Agent in Charge of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).

As part of his plea, Clemente admitted that he intentionally removed the upper receiver of a rifle that he had purchased at a gun store, and replaced it with an upper receiver he purchased on the Internet, which he knew included a 9-inch barrel.  The resulting firearm he possessed was a rifle with a barrel of less than 16 inches, also known as a “short-barreled rifle,” which is illegal to possess.

Clemente faces up to 10 years in prison, a fine of up to $10,000, and a term of post-imprisonment supervised release of up to 3 years when he is sentenced on May 31, 2018 by Senior United States District Judge Gary L. Sharpe.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors

This case is being investigated by ATF and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.