Grimy Times

James Vernon Day, Jr., Prohibited Person in Possession of a Firearm, Montana 2024

Published September 3, 2024

MISSOULA, Montana - A Thompson Falls man with two prior federal felony convictions is facing up to 15 years in prison for illegally possessing a firearm and a shortened rifle.

James Vernon Day, Jr., 55, pleaded guilty to prohibited person in possession of a firearm and to possession of an unregistered firearm. Day faces a maximum of 15 years in prison, a $250,000 fine, and three years of supervised release.

According to court documents, Day had previously been convicted in Montana of prohibited person in possession of a firearm and of illegal sale of outfitted mountain lion hunts, making him prohibited from possessing firearms.

On December 2023, Sanders County Sheriff’s Office deputies arrived at Day’s property to serve a search warrant for stolen vehicle parts. Day was present on the property and confronted deputies, but retreated into his residence as the search began. Day told deputies they could not enter his residence. During the search, deputies located a .44-caliber rifle in a shop building, a building to which they determined Day had primary access. The shop also contained three gun safes that contained gun parts, including a barrel from an assault rifle and a barrel from a shotgun.

Deputies also found a freshly killed deer head. Day eventually exited his residence and was arrested. In a search of Day’s residence, deputies located an additional 36 firearms, which were strewn around the house. One of those firearms, found on the kitchen floor, was a .222-caliber rifle that was determined to have a barrel of less than 16 inches. Possession of a firearm with a shortened barrel is against federal law. In Day’s vehicle, deputies found a .44-caliber revolver.

The case is being prosecuted by the U.S. Attorney’s Office, with the Bureau of Alcohol, Tobacco, Firearms and Explosives and Sanders County Sheriff’s Office conducting the investigation. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing was set for January 3, 2025.

Day was released pending further proceedings. 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, and to make our neighborhoods safer for everyone.

Defendant Information:

Defendant: James Vernon Day, Jr.

Criminal Charges: Prohibited person in possession of a firearm, possession of an unregistered firearm

City and State: Thompson Falls, Montana

Date: December 2023

Sentence or Outcome: Up to 15 years in prison, $250,000 fine, and three years of supervised release

Dollar Amounts: $250,000 fine

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Source: https://www.justice.gov/usao-mt/pr/thompson-falls-man-admits-illegal-possession-firearms-shortened-rifle