Thomas Jason Drake, Felon in Possession of a Firearm, West Virginia 2024

A Braxton County lawyer has been sentenced to prison for being a felon in possession of firearms. Thomas Jason Drake, 48, of Gassaway, was sentenced to one year and six months in prison, to be followed by three years of supervised release, and fined $7,500 for being a felon in possession of a firearm.

The sentence was handed down by United States District Judge Irene C. Berger in the Southern District of West Virginia. According to court documents and statements made in court, Drake, a lawyer, admitted that he possessed and pawned a Taurus Model G3C 9mm handgun on December 20, 2021, a Winchester Model Grand European XTR .257-caliber rifle on November 22, 2021, and a Colt Model Single Action .45-caliber revolver on December 7, 2021, at Charleston businesses.

Drake falsely certified on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Federal Firearms Transaction Records Form 4473 that he was not a convicted felon when he purchased the Taurus Model G3C 9mm handgun on July 25, 2021, at a Charleston business. Drake purchased two additional firearms at a Charleston business and falsely certified on the ATF Form 4473 each time that he was not a convicted felon.

Drake was in the process of petitioning for reinstatement of his law license at the time of his current offense, as his felony conviction for embezzlement resulted in his disbarment in October 2012. Drake was granted reinstatement on January 6, 2022.

Drake's prior felony conviction for embezzlement in Kanawha County Circuit Court on September 13, 2012, made him ineligible to possess firearms. Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition.

The case is part of Project Safe Neighborhoods (PSN), a program aimed at reducing violent crime and gun violence in communities. United States Attorney Will Thompson commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department in the case. Assistant United States Attorneys Andrew J. Tessman, Gabriel Price and Nowles Heinrich prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-64.

Source: https://www.justice.gov/usao-sdwv/pr/braxton-county-lawyer-sentenced-prison-federal-gun-crime