Moses Hernandez, Violating Federal Firearms Laws, New Mexico 2017

Felony Firearm Charge Lands Albuquerque Man in Federal Custody

ALBUQUERQUE – In a shocking turn of events, a U.S. Magistrate Judge in Albuquerque has found probable cause to support a criminal complaint charging Moses Hernandez, 35, of Albuquerque, New Mexico, with violating federal firearms laws by unlawfully possessing a firearm and ammunition.

Hernandez was remanded into federal custody pending trial, which has yet to be scheduled. The charges stem from an incident on January 26, 2017, when Hernandez allegedly discharged a firearm in the direction of Albuquerque Police Department (APD) officers.

According to the complaint, Hernandez was prohibited from possessing firearms or ammunition due to his previous felony convictions for aggravated assault with a deadly weapon and two convictions for possession of a controlled substance.

“If convicted of the charge in the criminal complaint, Hernandez faces a maximum penalty of ten years in federal prison,” stated a spokesperson for the U.S. Attorney’s Office. “If the court determines that Hernandez is an armed career criminal, he would face an enhanced penalty of not less than 15 years of imprisonment.”

The case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the APD. Assistant U.S. Attorney Paul H. Spiers is prosecuting the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.

“Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible,” stated Spiers.

Hernandez is currently being held in federal custody pending trial. The case serves as a stark reminder of the consequences of violating federal firearms laws and the importance of community safety.

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