Attorney General Schwalb Sues Three Maryland Gun Stores for Facilitating Illegal Gun Trafficking into District

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District of Columbia Attorney General Brian L. Schwalb, Maryland Attorney General Anthony G. Brown, and Everytown Law today announced a lawsuit against three federally licensed gun dealers for illegally selling dozens of firearms to a straw purchaser who then trafficked the weapons, mainly into the District. The lawsuit alleges that Engage Armament, LLC (Engage), United Gun Shop (United), and Atlantic Guns, Inc. (Atlantic), all of which are located in Montgomery County, Maryland, ignored clear warning signs that Demetrius Minor was engaging in illegal straw purchases-buying firearms with the intent of transferring them to individuals not legally entitled to possess them-by selling him 34 semiautomatic pistols over a 7-month period, in violation of District, Maryland, and federal laws.

While Minor was prosecuted in the District on federal gun trafficking charges in December 2022, the three firearms dealers-entities meant to be "the first line of defense against straw purchasing"-have not yet been held responsible for their illegal conduct and role in fueling gun violence across the DMV.

"The level of gun violence in the District, and the devastating impact it has on victims, families, and our community as a whole, is unacceptable," said Attorney General Schwalb. "This is a regional problem that requires a regional solution, as far too often, guns purchased in Maryland and Virginia are trafficked across our borders and end up at crime scenes in DC. Today we are holding these firearms dealers-businesses that chose profits over safety-accountable for their clear negligence, blatant disregard for the law, and pain they have inflicted across the District and DMV. My office will continue to do everything in our power to combat the deadly flood of illegal weapons into the District."

"Federally licensed gun dealers know the law and they know what to look for to spot possible illegal trafficking. As this lawsuit demonstrates, gun dealers cannot just choose to ignore these warning signs and guardrails," said Maryland Attorney General Anthony Brown. "Let this be a warning to other dealers who put public safety at risk to make a profit: We are watching, and we will hold you accountable for illegal conduct that fuels gun violence across our region."

"As alleged in our complaint, Engage, United, and Atlantic have fueled local gun violence and put the safety of countless individuals on the line by diverting guns into the illegal secondary market through obvious straw purchases," said Eric Tirschwell, Executive Director of Everytown Law. "This lawsuit puts any other bad-faith dealers who prioritize profits over the law and public safety on notice: traffickers and straw purchasers will be held accountable, but so too will the gun stores that ignore suspicious purchasing behaviors and facilitate the flow of illegal weapons into our cities and local communities."

What is a "Straw Sale"?

A straw sale occurs when a federal firearms licensee (FFL) sells a firearm to a buyer (the straw purchaser), who is in fact purchasing the gun for a third party, the true buyer, who is often prohibited from legally purchasing a gun on their own. These unlawful transactions allow the true buyer to obtain firearms without having to present identification or undergo a background check and allow the dealer to profit from a sale which it could not otherwise have legally made.

Dealers such as Engage, United, and Atlantic have a legal obligation to prevent illegal purchasing and are aware of common indicators of straw purchasing and gun trafficking, such as bulk purchases and repetitive buying within a short time period. Engage, United, and Atlantic nonetheless allowed Minor to repeatedly purchase firearms, including many duplicate or near-duplicate easily concealable pistols, in between April 6 and October 5, 2021. Almost immediately, Minor transferred those firearms to others who were prohibited from purchasing firearms themselves.

Straw Sales Fuel Gun Violence in Washington, DC and Maryland

Unlawful straw gun sales uniquely impact Washington, DC and the surrounding region. According to ATF, approximately 95% of firearms recovered in DC were purchased elsewhere, usually in Maryland or Virginia. While many recovered guns were originally stolen, according to ATF, a greater number were obtained through illegal straw sales.

From 2022 to 2023, the District saw a 55% increase in violent crimes carried out with firearms, and the number of firearms recovered by MPD in 2023 increased 130% compared to a decade ago.

The illegal straw sales by Engage, United, and Atlantic have contributed to gun violence in the region. At least nine of the guns sold to Minor have been recovered at crime scenes in DC and the surrounding Maryland suburbs, as well as from fugitives with active warrants for violent offenses. These include a gun recovered by the District's Metropolitan Police Department (MPD) in November 2022 from the DC hotel room of a Prince George's County man also in possession of an illegal large-capacity magazine, a gun recovered in May of 2022 by the Hyattsville Police Department from the residence of a stabbing suspect, and another recovered in July of 2022, by the Montgomery County Police Department, from the Adelphi residence of a criminal defendant. Many of the remaining guns are still unaccounted for.

The lawsuit alleges that by ignoring obvious warning signs that Minor was engaging in straw purchasing and allowing him to purchase multiple, similar weapons within a short time period, the defendants violated federal, District, and Maryland laws by facilitating illegal gun sales and willingly conspiring with, and aiding and abetting, Minor's illegal conduct.

The District of Columbia and Maryland are seeking to force the three defendant gun stores to stop engaging in illegal straw sales, in addition to monetary damages for the harm inflicted on District residents.

The full complaint is available here.

This matter is being led by Laura Beckerman, Senior Trial Counsel, and Matt James, Assistant Attorney General, under the supervision of Adam Teitelbaum, Director of the Office of Consumer Protection, Kevin Vermillion, Deputy Director of the Office of Consumer Protection, and Tracy Ballard, Senior Advisor to the Attorney General, along with attorneys from the Maryland Attorney General's Office and Everytown Law.

OAG's Efforts to Stop Gun Violence

The Office of the Attorney General uses every legal tool available to reduce violent crime, especially crime involving firearms. OAG is the District's chief prosecutor of crimes committed by juveniles, while the federally appointed US Attorney prosecutes most crimes committed by adults, including all adult felonies. OAG prosecutes all serious juvenile violent offenses when it has the evidence to do so, holding kids accountable when they cause harm while working to make sure they get the resources they need to help prevent them from re-offending.

OAG defends the District's common-sense gun laws-including prohibitions on large-capacity magazines and carrying firearms on public transportation-against legal challenges, and seeks Extreme Risk Protection Orders (ERPOs), when appropriate, to remove firearms and ammunition from those who pose a danger to themselves or others.

Additionally, OAG filed and won a first-of-its-kind lawsuit against ghost gun manufacturer Polymer80, which was selling kits that enabled individuals to build untraceable ghost guns in their homes. As a result, Polymer80 was ordered to pay more than $4 million in penalties and to permanently stop selling its frames, receivers, and Buy, Build, Shoot kits to DC consumers.

OAG also funds and supports Cure the Streets, a community-based violence-reduction program that employs a targeted public-health approach to disrupt cycles of gun violence in District neighborhoods that traditionally have the highest rates of gun violence. In 2023, despite District-wide increases in gun violence, the rates of violent gun crimes across Cure The Streets' 10 target communities decreased.

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