Gun shop owner arrested in raid
NORFOLK — The owner of Straight Shooters gun shop on Route 420 faces federal charges following a raid Tuesday morning by U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives agents and state police.
Richard M. Oakes, 50, pleaded not guilty Tuesday before Judge David E. Peebles in U.S. District Court, Syracuse, to failure to record a firearm purchaser's identity, federal prosecutors said. He could serve up to five years in federal prison and face a fine up to $250,000, if convicted.
Mr. Oakes is accused of selling a Colt .223-caliber semiautomatic rifle Dec. 16 to an undercover state police investigator as part of a straw purchase, an illegal transaction in which one person submits to the required federal background check for a gun that clearly is to be used by someone else.
Federal authorities executed a second search warrant Tuesday at Panunzio's Guns, owned by Louis R. Panunzio, on Route 37, town of Alexandria, and seized several items. No one was arrested in that raid.
"The investigation is still evolving," said Ari C. Shapira, ATF resident agent in charge of the Syracuse office. "We are investigating the possible violations of federal firearms law."
Straight Shooters opened in November 1999, selling rifles, shotguns and handguns, along with ammunition and scopes, according to its Web site. Mr. Oakes's federal firearm license expires in December 2012, court records show.
According to a criminal complaint filed by an ATF special agent, a male confidential informant called Mr. Oakes on Dec. 15 and said he wanted to stop by the gun shop the next day to see what weapons he had for sale. Mr. Oakes told the informant he could "hook him right up," describing the various guns he had available.
The informant went to the gun shop Dec. 16 and looked over the guns, expressing an interest in the Colt rifle, which cost $1,605. He was instructed by Mr. Oakes in how to fill out the federal background check form, which later was rejected because of a previous felony conviction, court records show.
Federal firearm license dealers must call the National Instant Criminal Background Check System, which checks whether a person can own a weapon. The NICS contains records on individuals who are disqualified from possessing a firearm, according to court documents.
Court records show that federal authorities asked Mr. Oakes for the potential buyer's address, but he informed them he would provide the address later.
The informant returned to the gun shop later that day with an undercover investigator, posing as his girlfriend. She filled out the background check form, with the assistance of Mr. Oakes. Federal authorities approved her to buy a gun,according to the complaint.
The complaint alleges that Mr. Oakes then asked the informant which gun he wanted, and he again expressed interest in the Colt rifle. The informant then paid cash for the rifle.
The undercover investigator asked before leaving if she could get into any trouble, to which Mr. Oakes responded, "You can't, that's yours. You bought that. You bought that from me and your guy here, he was not with you when you purchased this ... end of story ... ya got me," court records show.
Mr. Oakes called NICS officials a third time, giving them a partial address of the informant and telling them "the firearm had not been released" to him, court records show.
On Christmas Eve, Mr. Oakes sent a letter to the buyers, requesting they return to the shop because he had provided them with the wrong magazine clip, the complaint says. The informant called him Jan. 7, telling Mr. Oakes the weapon was given away. During the call, Mr. Oakes "adamantly" told the informant he needed the rifle back.
Judge Peebles released Mr. Oakes on his own recognizance. Mr. Oakes didn't return a call for comment Tuesday.
