T.I.'s Official Affadavit

see also:

  • T.I. v A.T.F.

I, Jason S. Stricklin, being duly sworn depose and state the following:

Your affiant is currently employed as a Special Agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) assigned to the Atlanta Field Division, Atlanta Group I, and has been so employed since 2005. Your affiant has received training from ATF in the registration, possession, and identification of machine guns and silencers. Your affiant has conducted and participated in numerous investigations involving Federal firearms violations to include violations of Title 18 and Title 26 of the United States Code. Your affiant’s duties and responsibilities involve investigations of violations of Federal criminal laws and your affiant knows that it is a violation of Title 26, United States Code, Section 5861(d), for any person to receive or possess a firearm that is not registered to him in the National Firearms Registration and Transfer Record. Your affiant also knows that it is a violation of Title 18, United States Code, Section 922(g) for a person previously convicted of a felony to be in possession of a firearm.
This affidavit is being filed based on the personal knowledge and observations of the affiant and other law enforcement personnel, and interviews with witnesses, and reviews of government and business records, including records, reports, and information from the ATF. This affidavit is intended to support probable cause but it is not intended to convey all the facts of the investigation.
On October 2, 2007, an employee of a Federal Firearms Licensee (FFL) contacted ATF with information regarding an individual who had been inquiring about purchasing a machine gun without registering the weapon as required by law. This individual, who is now a cooperating individual (hereinafter “CW”), was identified by the FFL by name and other identifying information. ATF Agents provided an undercover cellular phone number for the FFL to give to the CW, and told the FFL to tell the CW the number would contact a person with machine guns for sale. The aforementioned cellular telephone number returned to an ATF agent, acting in an undercover capacity (U/C Agent), posing as a “machine gun” seller/dealer. Within hours of receiving the cellular number, the CW telephoned the U/C and had a discussion about the firearms he (U/C) had available for sale. During the conversation, the CW asked if the firearms were “fully” automatic. The CW told the U/C that he was interested in purchasing the machine guns.
On October 10, 2007, the U/C contacted the CW and asked him if he was still interested in meeting to purchase the machine guns. the CW stated that he was and agreed to meet at a K-Mart Shopping Plaza located at 5997 Buford Highway, Doraville, Georgia. At approximately, 4:40 p.m., the CW arrived and met with the U/C to observe the firearms, which were actual machine guns. The CW had a further discussion about the firearms firing “fully” automatic. The CW agreed to exchange $2200 and a Bushmaster, Model C-15, .223 caliber pistol, s/n D10867 for the following firearms: an Ingram, Model M-10, 9mm caliber machine gun, s/n 2-3005561, an SWD Inc., 9mm silencer, s/n N767, a Military Armament Corp., 9mm silencer, s/n 2-2001231, a SWD Inc., Model M-11, 9mm caliber machine gun, s/n 86-0008212 and a H&K, Model SP89, 9mm caliber machine gun, s/n 21-17411.
During the meeting between the U/C and the CW, the CW questioned the U/C if he (the CW) would get into trouble if law enforcement caught him in possession of the machine guns. The U/C told the CW that the firearms were not legal to possess without the proper paperwork because they had to be registered. The U/C further told the CW there would be a problem if he were caught with them. The U/C told the CW that the aforementioned firearms did not have the required legal paperwork. The CW indicated that he understood and stated that he wanted to purchase the firearms anyway. The exchange of money and guns then took place. The firearms were not registered to the CW in the National Firearms Registration and Transfer Record, nor had the CW applied for the proper paperwork.

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