MIAMI — On Dec. 18, Michael John Pellicione, 76, the owner of a Port St. Lucie, gun shop, who operated out of his residence, pleaded guilty to the five-count indictment for selling several firearms “off the books” in violation of 18 U.S.C. § 922(b)(5), which penalizes the failure of a firearms dealer to keep a proper record of sales. Homeland Security Investigations (HSI) Fort Pierce and ATF Fort Pierce investigated this case.
Pellicione, a federal firearms licensee (FFL), failed to enter the sale of five firearms into his acquisition and disposition (A&D) record. Federal law requires an FFL to record, in the A&D book, all of the firearms that the FFL receives or makes, and then indicate where each of those firearms are — whether they are still in the FFL’s inventory or where they went if they were sold or transferred. Additionally, the A&D book must include the type of firearm, the make, model, caliber, and serial number, the date and from whom the firearm was received and that person's address, as well as the name, date, and address of the person to whom the firearm was sold or transferred.
A sentencing date has not yet been scheduled in this matter. At sentencing, Pellicione faces up to five years’ imprisonment. A federal district court judge will determine the sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Markenzy Lapointe, U. S. Attorney for the Southern District of Florida, Special Agent in Charge Anthony Salisbury of HSI Miami, and Special Agent in Charge Christopher A. Robinson of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Miami Field Division, made the announcement.
Assistant U.S. Attorney Carmen Lineberger is prosecuting this matter.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida or on Pacer.
Members of the public with information about criminal activity in your community are encouraged to contact the HSI Tip Line at 877-4-HSI-TIP.
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