Police Return Guns to Prohibited Person, then Call ATF to Re-Arrest Him

ATF
Police Return Guns to Prohibited Person, then Call ATF to Re-Arrest Him

U.S.A.-(Ammoland.com)- Steven Drew Montana was a welder at Ingalls Shipbuilding in Mississippi. In February 2016, Montana complained to the security officer at the shipyard that people were stealing his property from the yard.

The NCIS officer thought Montana was experiencing “some mental issues” due to the way that Montana was acting. The security officer confiscated Montana's work badge and told Montana to immediately leave the shipyard. Montana complied with the order, but he would later return to his work site claiming people forced him to take drugs and were following him.

The officer notified Pascagoula police about his concern about Montana's mental state. The cops stopped Montana's truck, and in their opinion, he was acting erratically. Police found several firearms in Montana's vehicle. He wasn't committing a crime, but he was violating Ingalls policy about guns on company property, which is not an arrestable offense. The police were still concerned about Montana's mental health, so they took him into custody.

Soon after, Montana, 26, had the rest of his guns seized by police on a court order. A Chancery Court judge committed him to a state mental institution in Purvis for 10 days in March 2017. Doctors cleared him of any mental issues, and they later him released without any medications. He wanted to get back the guns that police seized from him.

Montana went to court and successfully obtained a court order 9 months later for the return of his firearms in December 2017. The Pascagoula police honored the request and returned his guns including an AK47 rifle and a Glock pistol stating that his mental health seemed OK.

Montana would later return to the police station on Feb. 6. This time he was stating that Ingalls security was following him. He went on to claim that he knew of a murder that took place and someone at the shipyard was the murderer.

The police did not believe his claim. It was at this time that the Pascagoula Police realized that they released firearms to someone committed to a mental hospital. Capt. Shannon Broom notified the Bureau of Alcohol, Tobacco, Firearms and Explosives as well as Ingalls security about Montana outrageous claims as well as his past history.

Once committed to a mental institution, Montana became a prohibited person. He was legally not allowed to possess guns. The ATF used this violation of the law to obtain an arrest warrant for Montana.

On Feb. 26 2018 Federal authorities arrested Montana on federal firearms charges of possessing weapons as a prohibited person. Authorities are currently holding him without bond.

In court documents Montana's defense attorney, Melvin G. Cooper, question if Capt. Broom knew or should have known that Montana was a prohibited person. He claims that it was the local police department that broke the law and not his client.

Cooper is asking U.S. District Judge, Sul Ozerden, to dismiss the charges against his client. He is laying the blame at the feet of Capt. Broom and the Pascagoula Police Department for giving the guns back to a prohibited person.

Montana's trial is set to begin in May 2018.

Ingalls Shipbuilding, a builder of Navy warships and the largest employer in Mississippi, did not return our request for comment.

The Pascagoula Police Department informed AmmoLand News that they do not have a public statement at this time on Montana's trial and referred us to the BATF.

The BATF did not return our request for comment.


About John CrumpJohn Crump

John is an NRA instructor and a constitutional activist. He is the former CEO of Veritas Firearms, LLC and is the co-host of The Patriot News Podcast which can be found at www.blogtalkradio.com/patriotnews. John has written extensively on the patriot movement including 3%'ers, Oath Keepers, and Militias. In addition to the Patriot movement, John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and is currently working on a book on the left's attempt to deplatform and can be followed on Twitter at @crumpyss, on Facebook at RealJohnCrump, or at www.crumpy.com.

47
Leave a Reply

Please Login to comment
18 Comment threads
29 Thread replies
0 Followers
 
Most reacted comment
Hottest comment thread
29 Comment authors
The other JimJimbo66Matt in OklahomaAlanjweaks Recent comment authors
  Subscribe  
Notify of
The other Jim
Guest
The other Jim

@PA John, Yes John, a lot of detail missing in the article. It does not sound as if he was adjudicate mentally ill, then sent to the institution; just sent for observation, then released. It appears then that he was not a danger to himself or others. It also appears that he was not a danger to himself or others and should not been sent for observation in the beginning (he never threatened to hurt anyone or himself, and had no history of doing so; unless information on the subject is missing). If we were to involuntary commit for observation… Read more »

Pa John
Guest
Pa John

The way the article is written leaves a very important detail unclear to me. Someone can be involuntarily held for some period of time for observation, usually for up to 72 hours but this time limit can vary in different states, and then they MUST legally either be found to be mentally ill and committed to a mental institution, OR, be declared NOT to be a danger to themselves or others, and then released by the end of that maximum allowable time period. That is the law as written to prevent abuse of the system. In the latter case they… Read more »

Alan
Guest
Alan

Sounds to me like the abusers of the law and the citizenry should be held civilly and criminally liable, without limits. obviously, this won’t happen, but in my view it should.

TANSTAAFL2
Guest
TANSTAAFL2

I can’t imagine a jury finding him guilty of being a prohibited person in possession. It would be reasonable for a person to assume being declared to be in good mental health, that he was therefore not prohibited (Yes, I know – the law does not always follow reason and logic). It would also be reasonable to assume a court wouldn’t order ones guns returned and the police return them if it wasn’t legal. You’d get a hung jury or an aquital because there’d be at least one juror who called BS. Enforce his prohibited person status going forward (unless… Read more »

jweaks
Guest
jweaks

Why does my email show me new comments on this story, but when I come back here, those comments are not visible?

jweaks
Guest
jweaks

Based on the info in this article, it does not appear that Law Enforcement did anything wrong. I hope the man gets some help.

James Russell Bailey
Guest
James Russell Bailey

Did you read the same article that I did? The local cops gave guns to a guy who had been committed to a mental institution against his will, IE, involuntary commitment even though it was just for evaluation! Now, if the law stipulates that that then classifieds Montana as a prohibited person, the Pascagoula PD with full knowledge of Montana having been committed, gave guns to a prohibited person, which is a freaking felony! If an ordinary, average citizen we’re to do the same thing, except as a sale, we would be arrested as having committed a freaking felony! So… Read more »

jweaks
Guest
jweaks

“Did you read the same article that I did?”

Sounds like you read a different article. This one stated that they were ordered by the court to return the guns. They complied. That’s how it works. Tough break for the guy. It sounds like he has some serious issues.

Jap
Guest
Jap

WHAT????
So based off your comment, I take it that you believe that law enforcement and the FBI in Florida did nothing wrong either?
Just out of curiosity, have you had a mental health check? Are you delusional? Or do you believe that the government can do no wrong?
If this is the case, then maybe you also believe in the tooth fairy, Santa Claus and honest politicians!

jweaks
Guest
jweaks

“So based off your comment, I take it that you believe that law enforcement and the FBI in Florida did nothing wrong either?” So based off your comment, I take it that you have not stopped beating your wife? “Just out of curiosity, have you had a mental health check? Are you delusional?” Are like a crazy person or something? You seem obsessed. Please get help. “Or do you believe that the government can do no wrong?” I never said anything like that. Ooops, wait, I forgot… in your fantasy maybe I did. “If this is the case, then maybe… Read more »

Jimbo66
Guest
Jimbo66

You mean there is no tooth fairy and Santa doesn’t exist? It’s all been a lie? Oh my!

Missouri Born
Guest
Missouri Born

What about all the convicted felons caught with a firearm, they let them off with a slap on the wrist they don’t hold them in jail like they have this Montana guy.
Also if Montana has a mental issue are they holding him in a mental hospital or in jail?

The other Jim
Guest
The other Jim

It appears the police failed to investigate his claims, and out of arrogance, superior attitude, negligence, etc. did not believe him. Then after they failed to do their job or to justify not doing their job, they made effort to have a sane man committed when in fact his statements could have been true or were not true but for the fact the drugs the man had taken caused him to hallucinate? He was not involuntarily committed by an anti-second amendment police psychiatrist. He was committed by a Judge, but it is unknown if he was represented at the hearing… Read more »

Alan
Guest
Alan

Sounds to me like the abusers of the law and the citizenry should be held civilly and criminally liable, without limits. obviously, this won’t happen, but in my view it should.

Alan
Guest
Alan

When the citizen screws up, they are liable for punishment. It seems however that the story is different with “law enforcement” and their screw ups. The French have a saying, Vivre la difference, Long live the difference.This isn’t France though, so how come “law enforcement” is hardly ever called to task for it’s screw ups? Indeed, how come.

Vanns40
Guest
Vanns40

@GDubb: Nothing like presenting the old “would you rather I take away the Rights of your neighbor or the guy down the street?”. It’s a diversionary tactic and, sorry, not gonna fly here or anywhere else. “Well, let’s just take away the Rights of the Catholics because I’m not Catholic and it won’t effect me”. Want to try that one again?

Vanns40
Guest
Vanns40

@Countryboy: Because he was involuntarily committed, no matter the eventual outcome.

CountryBoy
Guest
CountryBoy

“Doctors cleared him of any mental issues, and they later him released without any medications”
.
In other words , Doctors gave him a CLEAN BILL of HEALTH…… so WHY is he Disqualified to own firearms…

Vanns40
Guest
Vanns40

This brings up an interesting question; Were the police Chief’s, the police department’s actions so outrageous so that sovereign immunity can be pierced and they can be prosecuted?

Alan
Guest
Alan

Has the cloak of Soverign Immunity, granted by whom, ever been penetrated? This is a question. Answers please.

Frank
Guest
Frank

Depends on what you mean by penetrate.
States and the feds can waive immunity and officials acting outside their legal jurisdiction are not granted immunity.
So no, it is not penetrateable, but one can argue in court that certain actors have acted outside the what is covered and thus liable.

As for who grants it, that is a power governments grant to themselves. It comes from the English commonlaw idea that the king can do no wrong.

Terryh
Guest
Terryh

Obviously the system is flawed but in my opinion, he should not have access to firearms after hearing his claims.

Wild Bill
Guest
Wild Bill

@Terryh, In my opinion, you should not have access to firearms, after reading what you wrote! See how easy it is?

archer
Guest
archer

Was there in fact a murder at the shipyard, was there any inquiries made to find out? Was the shipyards security really following him?

Hugo
Guest
Hugo

No one cares. They just want to figure out ways to take peoples guns. They have no right to take private property.

Laddyboy
Guest
Laddyboy

According to the op-ed; There was a “murder/killing/death” that occurred in/on the ship yard. The arrested individual stated; “someone at the ship yard is a murderer”, The “murderer” at the shipyard has been “tailing him”. This op-ed slants the arrested person by stating that he is “OUTRAGEOUS” in his claims. Why did the “police” not believe him? Did the “police” investigate the arrested man’s claims? Being sent temporarily for an evaluation by a “judge/police force” does not permanently remove your God given RIGHT to PROTECT yourself. IF the man was prohibited from having weapons, then the “police force” broke FEDERAL… Read more »

Andy Buckmichael
Guest
Andy Buckmichael

These questions will never be answered because you are dealing with cops and they answer to no one. A cop can not be fired. The FOP will lie him out of any trouble. The only way to get rid of a cop is with a bullet.

Vanns40
Guest
Vanns40

The anti-cop troll has, once again surfaced and convinced us all that he too is one who should come underbthe heading of those who are mentally challenged.

Lew Tripp
Guest
Lew Tripp

You got that right for sure. Bull goose loney.

Matt in Oklahoma
Guest
Matt in Oklahoma

Ohh wee we got us a keyboard commando

Oldvet
Guest
Oldvet

Comment …I do believe Gil is back. He was always killing someone just as Andy BuckTooth does.

Matt in Oklahoma
Guest
Matt in Oklahoma

ahhh Jil I had forgot about her
Musta got back outta county lol

Hugo
Guest
Hugo

Sounds like maybe the shipyard shelled out some cash to whoevers in charge to stfu about the death and to figure out a solution to this do gooder that has murder info.

Chiefton
Guest
Chiefton

A person can be a “bit off” without being mentally ill. That is the entire problem with the mental health law. If you entire a mental health facility because of the loss of a spouse or child to get help dealing with the grief, does that make you you a danger to society when it comes to firearms ownership. According to law you would be yet they could never find a doctor, psychiatrist, psychologist or otherwise that would say that. A court of law would not be able to declare that you are a danger yet the police could arrest… Read more »

GDubb
Guest
GDubb

Exactly right and that’s the rub here. If we want the gun grabbing libtards to leave us and our guns alone we need to find a way to make these mass shootings stop. Factually, the common denominator is mental illness and the drugs which are prescribed. It is unfortunately becoming apparent that somebody’s second amendment rights are going to be trampled at some point whether we like it or not. Who’s rights would we prefer are removed? Everyone’s? Or just the group of the most likely potential offenders?

Douglas Kuykendall
Guest
Douglas Kuykendall

It starts at home and how kids are raised.Hell when I was in school a lot of the time in the fall there was a gun in the back window,knife on my side. You didn’t have all this shit back then,because we were raised right. You learn to respect your parents and your elders. I could be at a neighbors house an get my ass busted an you better tell your parents when you got home or you would get it again. You have TV shows kids disrespecting their parents and it’s a big laugh. I have never saw such… Read more »

James Russell Bailey
Guest
James Russell Bailey

The problem with your solution, and your point of view, is the old one of feeding others to the crocodiles hoping that you’re the last one that the crocodiles will eat! The sad fact my dear fellow, is it the crocodiles are going to eat whomever they desire whenever they desire, and that happens to include you, whether you accept that fact or not! Wake up and smell the cordite, will you? The anti-gunners will attempt to take all of our guns away, and your willingness to throw other gun owners under the bus, or in this case to the… Read more »

Wild Bill
Guest
Wild Bill

@GD, You must not fall for the false logic that removal of Civil Rights will end evil acts. The only way to stop evil acts is to stop evil actors. I, myself, would go back to public hanging. So that people could see what would happen to them if they do not discipline themselves.

Marc DV.
Guest
Marc DV.

He had a court order 9 months later ,
giving his guns back ! Didn’t at that
point and time he become allowed
to possess firearms ? Sounds like
he got set up . Somebody wanted
one or more of his guns for themselves !
Like the cops who first arrested him .

Andy Buckmichael
Guest
Andy Buckmichael

Typical scum cops.

Matt in Oklahoma
Guest
Matt in Oklahoma

Andy Buckmichael You should show us all how to do it better since you have all the answers and opinions. Join and show us how to be a cop

Wild Bill
Guest
Wild Bill

@Matt in Ok, I suspect that Andy’s arrest record, would preclude joining you and serving his community in that way. Such mindless hate does not occur absent some misbehavior.

justjim
Guest
justjim

Conspiracy to obtain guns for themselves (whomever “Themselves” are), the fellow was granted a COURT ORDER. Therefore LE was complying with the COURT ORDER.
Let’s look to the JUDGE in that ruling before disseminating further responsibility for the release of the firearms.

John Dunlap
Guest
John Dunlap

One question; if Montana is on record as a prohibited person, how did he obtain a court order for the return of his firearms?

Marc DV.
Guest
Marc DV.

@JD
That’s what I’m saying !
If he wasn’t supposed to have
them, Why wasn’t he charged
for having them ?(when they took them)
Also , The Judge apparently perceived He ,
was Legally entitled to have them Back !
BAD CALL ? They Need to Check out the Docks,
and his story also.

Smitty
Guest
Smitty

I agree with a bad call from the court …”Montana went to court and successfully obtained a court order 9 months later for the return of his firearms in December 2017. ” I can’t blame the police for the return of the guns as the were ordered by the court to do so. Seems like the court blew it as once adjudicated due to a mental health issue he is not to have firearms, period A court would have to clear (erase/expunge) all records to make it OK for him to have guns again. The story doesn’t say that the… Read more »

snuffyTN
Guest
snuffyTN

In my opinion there are more souls in Washington D.C. that need mental help than there are at Ingalls Shipbuilding in Mississippi. It has been in the news for years.