Date: 08-16-2024

Case Style:

United States of America v. Austin Shofner

Case Number: 4:24-cr-00157

Judge: Ewing Werlein Jr.

Court: The United States District Court for the Southern District of Texas

Plaintiff's Attorney: The United States Attorney’s Office for Houston

Defendant's Attorney:

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Description:

Houston, Texas criminal defense lawyer represented the Defendant charged with Trafficking illegal machine guns and silencers
Trafficking illegal machine guns and silencers sends Pasadena man to prison

“Austin Shofner wanted to build his illegal gun manufacturing business, supplying deadly machine guns, devices that converted handguns into machine guns, automatic rifles and silencers to anyone who would pay,” said Hamdani. “He had big dreams until he ran into an undercover agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Entrepreneurs are an important part of America’s fabric, but not Austin Shofner’s kind. Instead of counting his profits, Shofner will be counting down days, the thousands of days he will spend in a federal prison.”

Austin Shofner pleaded guilty May 23, admitting he sold multiple privately manufactured firearms and machine gun conversion devices (MCDs).

U.S. District Judge Ewing Werlein Jr. has now ordered Shofner to serve a 120-month-term of imprisonment for the possession and transfer of a machine gun charge and 60 months for unlicensed firearms sales which will be served concurrently. The total 10-year prison term will be immediately followed by three years of supervised release. Shofner was further ordered to pay restitution in the amount of $2,000. In handing down the sentence, the court noted this sentence reflects the need for deterrence due to the nature of the offense and Shofner’s criminal history.


“Engaging in the business of firearms sales without proper licensing is a violation of law that the ATF will continue to investigate aggressively,” said Special Agent in Charge Michael Weddel of the ATF. “MCDs pose a grave risk to law enforcement and the general public. We are committed to fighting against the dangers that they pose.”

Beginning in January, Shofner sold several privately manufactured firearms with no mark or serial number, commonly known as “ghost guns.” He also sold machine gun conversion devices aka switches and firearm silencers at various locations in the Houston metropolitan area to undercover authorities via Instagram.

During one transaction, Shofner described a silencer he was selling as “illegal as [expletive].”

Additionally, Shofner had stated that selling firearms and switches was his primary source of income and detailed his plans to expand his firearm manufacturing operation.

On March 7, authorities executed a search warrant at Shofner’s residence in Pasadena where they found a Glock pistol, a pistol frame, an assault-style pistol and a suppressor. As part of the overall investigation, law enforcement also seized five MCDs, two silencers and five ghost guns which included a machine gun and a short-barreled rifle.

About an inch long, switches may be made of metal or plastic and printed on commercially available 3D printers. They generally slide into the butt of a gun and allow the shooter to fully automatically fire, unloading dozens of rounds with a single pull of the trigger. In contrast, regular semi-automatic firearms require a separate trigger pull for each round fired.

Shofner will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

ATF conducted the investigation. Assistant U.S. Attorney Byron H. Black prosecuted the case.

This case is being prosecuted as part of the joint federal, state and local Project Safe Neighborhoods (PSN) Program. In May 2021, Attorney General Merrick B. Garland announced a new effort to reduce violent crime, including the gun violence that is often at its core. Integral to that effort was the reinvigoration of PSN, a two-decade old, evidence-based and community-oriented program focused on reducing violent crime. The updated PSN approach, outlined in the department’s Comprehensive Strategy for Reducing Violent Crime is guided by four key principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence, setting focused and strategic enforcement priorities and measuring the results of our efforts. The fundamental goal is to reduce violent crime, not simply to increase the number of arrests or prosecutions.

Outcome:

Defendant was found guilty and sentenced to 120-month-term of imprisonment for the possession and transfer of a machine gun charge and 60 months for unlicensed firearms sales which will be served concurrently

Plaintiff's Experts:

Defendant's Experts:

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