Date: 03-14-2025

Case Style:

United States of America v. Michael John Pellicione

Case Number:

Judge: K. Michael Moore

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

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

Defendant's Attorney:

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Description:

Miami, Florida criminal defense lawyer represented the Defendant charged with Selling Firearms “Off-The-Books”
Federal Firearms Licensee Sentenced to Prison for Selling Firearms “Off-The-Books”

A Federal Firearms Licensee (FFL) was sentenced on March 13 in a federal court in Fort Pierce for selling firearms “off-the-books.”

Michael John Pellicione, 76, of Port St. Lucie, was sentenced by U.S. District Court Judge K. Michael Moore to 15 months in prison, followed by one year of supervised release and a $7,500 fine.

In December 2024, Pellicione pleaded guilty to five counts of failure of a firearms dealer to keep proper record of a sale, in violation of 18 U.S.C. Sections 922(b)(5) and 914(a)(1)(D). Pellicione was charged by criminal complaint in September 2024 and was subsequently indicted by a federal grand jury in October 2024.

According to allegations contained in court documents, including a Stipulation of Facts, filed in this matter, Pellicione, was an FFL, dba Mike’s Gun Shop, out of his residence in Port St. Lucie. In April 2024, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and Homeland Security Investigations (HSI) agents discovered that firearms, linked to sales by Pellicione, were recovered in Canada and Jamaica. After an investigation, ATF determined that Pellicione failed to enter at least six firearms, sold by a law enforcement officer, into his acquisition and disposition (A&D) record. Pellicione admitted that when customers dropped their used firearms off to him, he took pictures of the firearms and then sent them to other interested customers. Pellicione also admitted that he repeated failed to log the used firearms in his A&D book, did not conduct a background check, or require the buyer to fill ATF Forms 4473 for the firearms. In failing to do so, Pellicione also failed to record the name, age, and address of purchasers as required by law.

Federal law requires an FFL to record, in the A&D book, all 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.

U.S. Attorney Hayden P. O’Byrne for the Southern District of Florida, Acting Special Agent in Charge José R. Figueroa of Homeland Security Investigations (HSI) Miami and Acting Special Agent in Charge John F. Dion Jr. of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Miami Field Division, made the announcement.

HSI Fort Pierce and ATF Fort Pierce Field Office investigated this case. Managing Assistant U.S. Attorney Carmen Lineberger prosecuted the case.

Outcome:

Defendant was found guilty and sentenced to 15 months in prison, followed by one year of supervised release and a $7,500 fine.

Plaintiff's Experts:

Defendant's Experts:

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