Erik Smay, Lying to Illegally Purchase Firearms, Wisconsin 2024
MADISON, WIS. - In a shocking revelation, Erik Smay, a 45-year-old McFarland man, has been sentenced to 3 months in federal prison for making false statements during the purchase of firearms from a federally licensed firearms dealer.
According to court documents, Smay pleaded guilty to the charge on August 29, 2024. The prison term will be followed by 3 years of supervised release.
Law enforcement found that Smay had purchased several firearms from federally licensed firearms dealers in and around Madison, Wisconsin in 2022. Some of these firearms were later used by others to facilitate crimes in the area.
During an interview with law enforcement on January 23, 2024, Smay admitted to lying to the firearms dealers when asked about his unlawful drug use and addictions. Smay had certified his answers as true, correct, and complete during each purchase.
At sentencing, Judge William M. Conley found that a custodial sentence was necessary to disrupt Smay's polysubstance addictions, citing challenges in complying with release conditions during the case.
Smay's extensive history battling addictions made him vulnerable to exploitation by those prohibited from possessing firearms, Judge Conley acknowledged. The judge also highlighted the poignance of asking firearms purchasers about their possible unlawful drug use or addictions, particularly in Smay's case where he was likely trading firearms to support a drug habit.
The charge against Smay was the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Drug Enforcement Administration (DEA), Fitchburg Police Department, McFarland Police Department, and DeForest Police Department. The ATF Madison Crime Gun Task Force also investigated the case.
Assistant U.S. Attorney Steven Ayala prosecuted this case.
Smay's sentence serves as a stern warning to those who would attempt to deceive federal authorities in the purchase of firearms.
Defendant: Erik Smay
Criminal Charge: Making a False Statement during the Purchase of Firearms
City and State: McFarland, Wisconsin
Date: August 29, 2024 (plea), January 23, 2024 (interview)
Sentence: 3 months in federal prison, 3 years of supervised release
Keywords: Erik Smay, false statement, firearms purchase, federal prison, supervised release
Related Tags: Lying to Illegally Purchase Firearms, Firearms Trafficking, Violent Crime
Key Facts
- State: Wisconsin
- Category: Drug Trafficking|Violent Crime|Weapons
- Source: DOJ Press Release â†â€â€
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