ACA.supremecourt.070419

A Broussard duo and an associated firearms business in Lafayette were indicted by the federal government after investigators determined the firearms salesmen were not adequately tracking gun sales and purchases or sufficiently conducting background checks before sales, among other allegations.

Jeremiah Micah Deare, 37, and Sarah Elaine Fogle, 30, along with Deare’s Lafayette business, Dave’s Gunshop LLC, were charged with a count of conspiracy to engage in the business of dealing in firearms without a license, two counts of making false statements with respect to records of a licensed firearms dealer and four counts of failure to file multiple sales reports.

With the indictment, prosecutors are seeking the forfeiture of 619 firearms involved in the offenses, a statement from Acting U.S. Attorney for the Western District of Louisiana Alexander C. Van Hook said.

Investigators with the Bureau of Alcohol, Tobacco, Firearms and Explosives allege that during a compliance check on Aug. 13, 2019, agents found that Dave’s failed to complete an ATF-4473, known as a firearms transaction record, on one occasion, incorrectly completed the transaction record on 111 occasions, failed to properly record either the sale or purchase of firearms a combined 129 times, transferred firearms twice without having a response from the National Instant Criminal Background Check System and had missing firearms.

Neither Deare or Fogle had an individual federal firearms license, the agents said.

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Deare signed an acknowledgement form advising him of his responsibility to follow federal laws and regulations related to the sale of firearms and his responsibility to educate himself on those rules. Deare and Fogle attended an in-person warning conference with ATF agents in Baton Rouge on Sept. 19, 2019 to discuss the violations and develop a corrective plan, the statement said.

The indictment stated that Deare and Fogle would buy and sell large numbers of firearms at estate sales and similar venues, then fail to log their acquisition or sale. They did not document guns sold on consignment at their business and kept guns at their home without logging them out of the store inventory, which they’d then sell at gun shows in Louisiana and out-of-state.

Some of the firearms were sold to out-of-state residents without completing background checks. Several firearms were sold to people barred from possessing guns, including convicted felons, the statement said.

Sales at out-of-state gun shows were not conducted through a dealer licensed in that state, as required by law, and investigators found Deare and Fogle would pocket the cash from the out-of-state sales without claiming it as revenue through Dave’s Gunshop, Van Hook’s release said.


Email Katie Gagliano at kgagliano@theadvocate.com