James Smith, 25, of Niagara Falls, NY, is facing federal time after being indicted on a charge of being a felon in possession of a firearm—a crime carrying a maximum sentence of 10 years behind bars and a $250,000 fine.
The indictment, returned by a federal grand jury, stems from a February 25, 2016 search conducted by New York State Parole Officers at Smith’s residence on Orleans Avenue. At the time, Smith was under parole supervision following a July 2010 federal conviction and an August 2014 Niagara County conviction—both rendering him legally barred from owning a weapon.
As officers entered the home, Smith made a sudden move toward the basement. He was stopped and the area was secured. A search turned up a Colt .32 caliber semi-automatic handgun, magazine loaded with two rounds, stashed in the lower level of the home.
The recovery of the loaded firearm triggered immediate federal charges. Assistant U.S. Attorney Michael J. Adler, handling the prosecution, emphasized that Smith’s criminal history makes any possession of a firearm a federal offense.
The investigation was led by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), under Special Agent in Charge Ashan Benedict, in coordination with the Niagara Falls Police Department, led by Chief Bryan DalPorto, and New York State Parole. The case highlights ongoing federal scrutiny of gun possession among convicted felons.
Smith is presumed innocent until proven guilty. Arraignment will be scheduled before U.S. Magistrate Judge H. Kenneth Schroeder. The indictment marks another push by federal authorities to crack down on illegal firearms in Western New York.
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Key Facts
- State: New York
- Agency: DOJ USAO
- Category: Weapons
- Source: Official Source ↗
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