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Felon Sentenced for Lying on Gun Form

Felon’s Lie on ATF Form Lands Him in Federal Prison

A convicted felon from Orange, Texas, has been sentenced to 33 months in federal prison for a firearms violation in the Eastern District of Texas, announced U.S. Attorney Damien M. Diggs.

Michael Octavius Hampton, 51, pleaded guilty on October 4, 2023, to being a felon in possession of a firearm and was sentenced to 33 months in federal prison by U.S. District Judge Marcia Crone on April 23, 2024.

According to information presented in court, on June 26, 2023, Hampton visited a pawn shop in Orange where he was known by the employees as he frequently pawned various items such as tools. Hampton requested to purchase a pistol, provided his state-issued identification and completed the required ATF Form 4473. On the form, Hampton indicated he had never been convicted of a felony, a requirement to purchase a firearm.

The pawn shop submitted the form through the National Criminal Background Check System, also known as NICS, and received a message indicating the transaction was neither approved nor denied and pending further background checks. However, Hampton came back to the pawn shop on July 3, 2023, to pick up the firearm, which was transferred to him despite the pending status. Hampton re-certified that his answers on the ATF 4473 Form were correct by signing the form a second time.

Further investigation revealed Hampton was a convicted felon having been previously convicted of murder in Jefferson County in 1995 and prohibited by federal law from owning or possessing firearms or ammunition. Hampton was arrested by federal agents at his home on July 26, 2023, and the firearm was recovered.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and prosecuted by Assistant U.S. Attorney Matt Quinn.

Hampton’s sentence serves as a reminder that lying on ATF forms can have serious consequences. As Assistant U.S. Attorney Matt Quinn stated, ‘The laws are in place to protect our communities and prevent individuals with violent histories from accessing firearms.’

In a statement, U.S. Attorney Damien M. Diggs added, ‘This case highlights the importance of our continued efforts to reduce violent crime and gun violence in our communities.’

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