MADISON, WIS. - Timothy M. O'Shea, United States Attorney for the Western District of Wisconsin, announced that Erik Smay, 45, McFarland, Wisconsin was sentenced yesterday by U.S. District Judge William M. Conley to 3 months in federal prison for making a false statement during the purchase of firearms from a federally licensed firearms dealer. The prison term will be followed by 3 years of supervised release. Smay pleaded guilty to this charge on August 29, 2024.

In 2022, Smay purchased several firearms from federally licensed firearms dealers in and around Madison, Wisconsin. Law enforcement found some of the firearms that Smay purchased were used by others to facilitate crimes in the area. On January 23, 2024, law enforcement interviewed Smay about his firearms purchases, and he admitted to lying to the firearms dealers when asked about his unlawful drug use and addictions. During each purchase, Smay certified his answers to the federal firearms dealers were true, correct, and complete.

At sentencing, Judge Conley found a custodial sentence was necessary to disrupt Smay's polysubstance addictions given his challenges complying with his release conditions during this case. Judge Conley acknowledged Smay's extensive history battling addictions made him vulnerable to exploitation by those prohibited from possessing firearms. Judge Conley asserted Smay was likely trading firearms to support a drug habit, which highlighted the poignance of asking firearms purchasers about their possible unlawful drug use or addictions.

The charge against Smay was the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Drug Enforcement Administration (DEA), Fitchburg Police Department, McFarland Police Department, and DeForest Police Department. The ATF Madison Crime Gun Task Force also investigated the case. The task force consists of federal agents from ATF and Task Force Officers (TFOs) from local agencies including the Dane County and Clark County Sheriff's Offices and the Fitchburg, Madison, Sun Prairie, and La Crosse Police Departments. Assistant U.S. Attorney Steven Ayala prosecuted this case.