JACKSONVILLE, FL – Thelonious Wayne Kirby, 51, of Jacksonville, is facing federal prison time after a bench trial found him guilty of possessing a firearm despite a long and checkered criminal history. Kirby, already serving time in state custody, was convicted of being a convicted felon in possession of a firearm, a charge that carries a maximum sentence of 10 years behind bars.
The case stems from an October 28, 2020 sting operation conducted by the Jacksonville Sheriff’s Office. Court documents reveal that Kirby willingly sold a .38 caliber revolver to an undercover officer. What Kirby didn’t know was his past had caught up with him. With a staggering eight prior felony convictions already on his record, federal law explicitly prohibited him from owning or possessing any firearms or ammunition.
Kirby appeared in federal court via a writ while currently incarcerated on unrelated state charges. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) joined forces with the Jacksonville Sheriff’s Office to build the case, highlighting a collaborative effort to keep guns out of the hands of those legally barred from owning them. The firearm itself will be forfeited to the government.
Assistant United States Attorney Frank Talbot is prosecuting the case, with Assistant United States Attorney Mai Tran handling the forfeiture proceedings. While a sentencing date hasn’t been set, federal prosecutors are expected to push for the maximum 10-year sentence, sending a clear message that illegally peddling firearms with a criminal record won’t be tolerated.
Federal officials are framing the case as a win for “Project Safe Neighborhoods” (PSN), a broad initiative aimed at reducing violent crime and gun violence through coordinated law enforcement efforts and community engagement. The Department of Justice launched a revamped PSN strategy in May 2021, emphasizing trust-building, community support, and targeted enforcement.
This conviction serves as a stark reminder that even while serving time for other offenses, individuals with extensive criminal backgrounds continue to pose a risk. The ATF and Jacksonville Sheriff’s Office, along with the U.S. Attorney’s Office, are determined to hold repeat offenders accountable and protect the citizens of Jacksonville from further violence. The Tampa Field Division of the ATF led the federal investigation.
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