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Post date: October 1 2013

A.G. Schneiderman Announces Arrest Of Federally Licensed Arms Dealer For Violating State And Local Gun Laws In Brooklyn

Hannibal Smith Faces Weapons Possession Charges After Five Unregistered Guns Are Discovered In Brooklyn Home, Including Shotguns And Assault Rifles

Schneiderman: New York Communities, Especially In The Most Densely Packed NYC Neighborhoods, Must Be Kept Free Of Illegal Weapons

NEW YORK -- Attorney General Eric T. Schneiderman today announced the arrest of Hannibal Smith for possessing assault weapons and other guns in violation of state and federal law in Brooklyn.  Smith was charged and arraigned, in Brooklyn Criminal Court today, on three counts of Criminal Possession of a Weapon in the Third Degree, a Class D Felony. He faces up to 7 years in prison on each count under New York State's SAFE Act.

Smith, 29, had previously obtained a limited Federal Firearms License, "FFL," to sell receivers (parts that make a gun operable, such as the trigger and magazine attachment), of firearms outside of New York City.  In violation of that license, Smith purchased fully assembled and operable firearms for his gun selling operation, Brooklyn Firearms, which he ran out of a Warren Street storefront in Park Slope. Smith then sold these firearms to purchasers. Today's charges arise from three weapons recovered by agents of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from his residence and two other guns that Smith had illegally shipped to a purchaser in Florida.

"Gun dealers in New York must be permitted must have permits and they must abide by our local and state law - laws that are tough but fair and that were enacted to ensure that those who live in our communities are safe," Attorney General Schneiderman said. "Selling unregistered guns illegally, particularly assault weapons, in Brooklyn is illegal and dangerous. Assault weapons have been banned in New York, and no one needs to sell or have them."

Bureau of Alcohol, Tobacco, and Firearms Special Agent in Charge Joseph Anarumo said, "Having a Federal Firearms License (FFL) is not a license to break state and local law.  FFLs are required to comply with the laws of their local jurisdictions in addition to federal law, and this arrest should serve as a reminder of the potential consequences to those who fail to do so."

The three weapons recovered from Smith's residence are two Mossberg 12-gauge shotguns and a .22-caliber Ruger rifle. In New York City, a person must possess a permit for each of these weapons. Smith did not have a permit for these guns.

The weapons sent to Florida are classified as assault weapons. They were Waffen Werks AK-74s, both of which are semi-automatic rifles with the ability to accept detachable magazines. Both guns had a conspicuous pistol grip and a threaded barrel, designed to accept a flash suppressor. These are all characteristics of assault weapons as defined by Section 265.00 of the Penal Law, under New York's SAFE Act and are not permitted to be possessed or sold in the State of New York, except by military and law enforcement personnel.

The Attorney General offers his thanks to the ATF's Special Agent Howard Stern, Investigator John Curtis and Counsel Matthew Myerson for their work on this matter.

The case is being prosecuted by Assistant Attorney General Thomas Schellhammer, under the supervision of Executive Deputy Attorney General for Criminal Justice Kelly Donovan.