Dave Joshua Kistner IV, Possessing a Firearm by a Prohibited Person, West Virginia 2017

HUNTINGTON, W.Va. – A shocking case of gun crime has unfolded in West Virginia. Dave Joshua Kistner IV, a 44-year-old man from Ashland, Kentucky, pleaded guilty to possessing a firearm by a prohibited person in a federal court.

According to court documents, Kistner received a Colt Commander .45 caliber pistol at Freedom Gun and Pawn in Huntington on April 29, 2017, by redeeming a pawn ticket. However, Kistner had been adjudicated a mental defective in the Circuit Court of Cabell County in February 2017, thereby prohibiting him from possessing the firearm. When interviewed by law enforcement, Kistner admitted to re-selling the pistol to a different pawn store.

Kistner’s actions fly in the face of gun laws designed to protect society. His plea deal now puts him in the crosshairs of justice. He faces up to 10 years in prison when sentenced on November 29, 2021.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Ryan A. Keefe is handling the prosecution.

This case highlights the importance of enforcing gun laws and preventing prohibited individuals from possessing firearms. The ATF deserves credit for their diligent work in bringing Kistner to justice.

Kistner’s case will now proceed to sentencing, where he faces a maximum penalty of 10 years in prison. This conviction serves as a reminder that gun crimes will not be taken lightly in West Virginia.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:20-cr-00019.

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