Braxton County Lawyer Sentenced to Prison for Federal Gun Crime

CHARLESTON, W.Va. - Thomas Jason Drake, 48, of Gassaway, was sentenced today 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.

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.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Drake knew he was prohibited from possessing a firearm because of his prior felony conviction for embezzlement in Kanawha County Circuit Court on September 13, 2012.

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.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department.

United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorneys Andrew J. Tessman, Gabriel Price and Nowles Heinrich prosecuted the case.

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. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

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.

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