Tucson gun dealer indicted on machine gun charges

A federally licensed firearms dealer was indicted Wednesday on nine counts relating to making fully automatic weapons and straw purchases, the U.S. Attorney's Office said.

Michael James Gesty, 46, was indicted by a federal grand jury on charges of making machine guns, making false statements on an application for a federal firearms license, making false statements during purchase of firearms, failure to keep records of firearm sales, and possession of firearms and ammunition by a drug user, said Sandra Raynor, a spokeswoman for the federal prosecutor.

Gesty, who owns Spartan Armory and Black Wolf Weapons, 5301 E. Speedway, was arrested Thursday and is being held pending an initial appearance Friday, Raynor said in a press release Thursday afternoon.

An employee at Spartan Armory said he couldn't comment on the arrest when reached via phone.

"I don't know anything about it yet," he said. "I really can't comment at all."

According to Raynor:

The indictment alleges that Gesty, a federally licensed firearms dealer, doing business as Spartan Armory and Black Wolf Weapons, instructed and assisted others in making several fully automatic machinegun rifles. The indictment also alleges that Gesty, a habitual user of marijuana, made a false statement when applying for his federal firearms license by stating that he was not a user of marijuana or any controlled substance, and unlawfully possessed several firearms and ammunition both at his residence and business while being a user of marijuana. The indictment further alleges that Gesty failed to keep required records of several firearms sales he made through his business, and that he also instructed and encouraged others to make false statements in Gesty's business records.

A conviction for making machineguns and possession of firearms and ammunition by a drug user carries a maximum penalty of 10 years, a $250,000 fine or both. A conviction for making false statements on an application for a federal firearms license, making false statements during purchase of firearms, and failure to keep records of firearm sales carries a maximum penalty of five years, a $250,000 fine or both.

"It's a trumped-up charge," said Charles Heller, a spokesman for the Arizona Citizens Defense League, a gun rights group.

"It's ATF trying to create a distraction from the (Fast and Furious) gun-walking (investigation)," he said.

Agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives seized weapons from Gesty's store 6-8 weeks ago, Heller said.

"He had one of his employees he thought was selling to straw buyers, so he reported that," Heller said.

Gesty "is a licensed machine-gun manufacturer, he's licensed to do that," Heller said.

"I don't know about the marijuana charges," Heller said, but ATF is "trying to distract everyone from their mistakes, so they're trying to make the gun dealers look bad."

"It's like blaming a baby for pooping in his diaper," Heller said.