BIRMINGHAM, Ala. – -(AmmoLand.com)- From the press release found here.
A federal judge this week sentenced a Tuscaloosa man for being a felon in possession of a machine gun, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms, and Explosives Special Agent in Charge Mickey French.
U.S. District Judge Annemarie Carney Axon sentenced Devontay Jerrod Hutt, 25, to 72 months in prison for being a felon in possession of a firearm and 72 months in prison for possessing a machine gun. Each count to be served concurrently with each other. Hutt pleaded guilty to these charges in January.
According to court documents, on December 31, 2019, Hutt had an encounter with Tuscaloosa police officers at a restaurant in Tuscaloosa. Officers received a tip that Hutt possessed a firearm. When officers arrived at the restaurant, Hutt and another individual fled, eluding officers during a foot chase. Inspecting Hutt’s vehicle from the outside, officers could see two pistols and suspected drugs in plain view in the front seat. Officers searched the car and recovered a pistol that qualified as a machine gun, a second AR-style pistol, high-capacity magazines, pills, and marijuana.
“Prosecuting felons who illegally possess weapons is a priority of my office,” U.S. Attorney Escalona said. “We commend the Tuscaloosa Police Department on their work to prevent violent crime and for the quick actions of the officers in this case.”
“Removing the criminal element that used a firearm to facilitate violent crimes is a priority of ATF,” SAC French stated. “ATF’s partnerships leveraged NIBIN technology that will have a lasting impact on the community.”
The ATF along with the Tuscaloosa Police Department investigated the case, which Assistant U.S. Attorney Alan Baty prosecuted.
Bureau of Alcohol, Tobacco, Firearms, and Explosives
ATF is the federal law enforcement agency responsible for investigating violations of the federal firearms and explosives laws and regulations. More information about ATF and its programs can be found at www.atf.gov.
Wonder what kind of sentence he would of got had he been wearing a biden/BLM T-shirt?
Looks like the government thugs are bragging about armed robbery, aggravated kidnapping, and violation of rights again.
And we have a member of the firearm community in this thread complaining the punishment for violating a gun law wasn’t greater.
This whole thing is not going to go well and many people are going to be in for a big surprise when that white, male, southern, USMC veteran, church-going LEO they worship today ruins their life.
Trust me it will not be a surprise to some.
Wouldn’t expect you to be surprised, but also have the impression you don’t worship any “white, male, southern, USMC veteran, church going LEO” either. I don’t worship or really trust any LEO. However I will probably still be surprised when they bust down our door, shoot our dogs and haul me off for owning an unregistered machine gun (semi-auto). Shouldn’t be surprised, but I also would not be the first person to die from failure to act due to normalizing a situation. May be time to install automated home defense system. Not a booby trap, simply voice activated automated assistant… Read more »
Previously in America nothing Devontay Jerrod Hutt is accused of was a crime. If he had murdered someone he probably would have gotten 8 years, in stead of 12 years for “POSESSION”. Possessing a thing is not an act of violence!!!!!!!!
Comparison to murder is helpful, but he “only” got a six year sentence. More specifically two – to be served concurrently (is at same time). I wonder if there were minimum sentencing rules which judge minimized by making sentences concurrent.
Just following orders.
Thank Brent Blankley for his service. He’s a hero.
what made the first firearm a “machinegun”? did he have a rubber band with it? (at one point the ATF considered a rubber band a “machinegun part”)
Did it have a “bump stock”? they are now LEGAL in Alabama and every state that didn’t “Outlaw” them, the Federal court overturned the Trump bump stock ban! (I don’t see why that didn’t overturn the state bump stock bans too. or at least start the court case to get them overturned)
I figure an full auto Uzi ?
I was wondering the same thing. Drop-in fully semi-automatic belt loop to thumb connector?
Since when are “high-capacity magazines” illegal in AL? I know it may be questionable for a felon to have a “magazine” but what is a “high-capacity magazine” in Alabama?
Then why was the 20 round magazine the only one that I ever saw and carried from 1973 to 1976?
Here is what Wiki has to say about it:
“Production of the 30-round magazine started late 1967 but did not fully replace the 20-round magazine until the mid-1970s.[148] Standard USGI aluminum 30-round M16 magazines weigh 0.24 lb (0.11 kg) empty and are 7.1 inches (18 cm) long.[138][150] The newer plastic magazines are about a half-inch longer.[151] The newer steel magazines are about 0.5-inch longer and four ounces heavier.[152] The M16’s magazine has become the unofficial NATO STANAG magazine and is currently used by many Western nations, in numerous weapon systems.”
To the people who think state, county, city/town LEOs can’t enforce upcoming federal gun laws – this is one of the many ways it will happen. To the people who think “Southern” LEOs won’t enforce upcoming gun laws, you are delusional. Brent Blankley is laughing at you. https://www.tuscaloosa.com/pd To those who think “red state” LEOs won’t enforce upcoming gun laws – are you sure? To those people who think “yeah, but the guy who was arrested was a pothead” – the upcoming laws give some low IQ, emotional, vindictive local LEO the ability ruin the life of people he simply… Read more »
All good talking points, however, the final blow will be up to the individual citizen and his/her actual circumstances of what actually occurred and whether or not they are truly guilty as charged? Should they be innocent and have the backbone, then they must decide to fight these matters in the courts and counter-sue the arresting jurisdiction, agency, and agents involved. You FIGHT for your freedom each and every day. If you are truly guilty and you plead as such, then you get the grey-bar hotel for however long is decided. SEE: ROMEO, G. VS. CITY OF ALBU ET D-202-CV-9405562,… Read more »
USMC0351Grunt, Talking points? I described the stark reality. You and tetejaun frequently tell other people what they should be doing. Why have you not done the following: Gotten off your apathetic ass, teamed-up with tetejaun (that limp); Recruited a few of your 70-something-year-old USMC veteran colleagues; Invited a high school civics teacher to accompany you; Traveled to Tuscaloosa with a firearm that you are not legally allowed to own (e.g., an automatic firearm that you have not registered); Walked up to the first LEO with his gut hanging over his belt and some gravy (from his breakfast) on his shirt… Read more »
But I seem to remember the Obummer administration saying that state and local LEOs did not have the authority to enforce federal laws… or was that, somehow, only when it comes to immigration laws?
Damn brutha….we agree on something!! I know for a fact you’re right right here. I hope everyone on this thread is reading your post about this.
As I mentioned to wil a couple times, my view of politics is that it is not like a piece of paper with two sides, but more like a dodecahedron.
State/county/local LEOs are going to run into some very weird alliances when they enforce even more gun control laws than the tens of thousands of laws they have already been enforcing.
There is nothing illegal about shunning a government employee and his family.
Look more deeply into the bills that were passed and what they really mean. Call the heads of the sheriffs’ associations for those states and ask them if they support legislation that will remove qualified immunity from civil action for any state/county/local LEO who cooperates with federal LEOs on enforcing new (and even more egregious) federal gun control laws. That was the point I was making. It’s easy for LEOs to say “I’m pro 2nd Amendment.” Brent Blankley (and his entire department) showed you what most will actually do when it comes time. Roland is one of the few LEOs/former… Read more »
Even some of the biggest gun-grabbing Democrat assholes claim to be pro-2A, as every “Republican” squish does.
I agree.
Cops already enforce every single arms law on the books but you just want to take their word for it that they won’t enforce the next one. Damn, you sound like a battered woman. Those 2A “sanctuary” bills that you keep hearing about are nothing more than political theater by politicians pandering for votes. Almost none of them have any punitive measures built in to punish local, county, and state cops who choose to enforce federal laws. It’s also not a true 2A sanctuary unless all existing laws are either repealed or never again enforced and the local, county, and… Read more »
He indicated LEOs have been enforcing the tens of thousands of existing gun laws for quite some time (one example of the thousands of enforcements is given in this article). Why do you think they won’t keep enforcing? The 2nd Amendment Preservation Acts are nice from a tone perspective, but do you know of even one that includes the removal of qualified immunity for state/county/city/town LEOs who cooperate with Federal LEOs to enforce new gun laws? The lack of that provision speaks volumes – unless individual LEOs are at risk of losing their homes, the majority will follow orders to… Read more »
He can’t logically argue what I said so instead he focuses on how I said it.
The Wyoming bill was not passed. Wyoming Highway Patrol, Wyoming Sheriffs, Wyoming Chiefs of Police, Moms Demand Action, and Anytown for Gun Safety were successful:
Disgusting. Loyal Americans need to stop letting the “law enforcement” tail wag the dog.
Didn’t beat around the bush, did they?
I love Wyoming, but I’m under no illusion as to how the State Police, county sheriffs, and small town police chiefs will act when push comes to shove.
People in other states may not have had the opportunity to see their enforcers on video explain their positions.
Did you notice NRA, GOA, CCRKBA et al didn’t show up to support the bill? I wonder if the sponsors asked them. At least NSSF showed up and kind of helped.
they will reduce his sentence if he will vote illegally
The RIGHT to keep and bear arms SHALL NOT BE INFRINGED. Any grade school kid can understand and explain what is said and meant in the 2A. Any law contrary to the constitution is null and void;. Maybury vs Madison. That is what the Supreme Court says. Therefore any politician, judge, lawyer or enforcement personel who either delay or deny any American citizen’s RIGHT to keep and bear arms is actually criminal no matter what the type of firearm. The 2A refers to every American citizen as the militia inferring the use of MILITARY GRADE WEAPONS. Further, the 2A is… Read more »
Obviously the suspect didn’t believe so or he would not have pled guilty to whatever charges were brought against him and he would have stood his ground and fought the charges thereby inflicting doubt and having his carges tossed. Something that is extremely rare in our society as most people don’t have the backbone and the fortitude to stand up to protect their rights.
Take your unregistered, fully automatic firearm to Tuscaloosa and tell the first LEO you see that his wife is fat and ugly.
Do you have a couple million set aside (and readily availble) to defend your rights? Do you want to sit in jail for over a year while the drama plays out?
Do you think it is possible the suspect may have plenty of “backbone and fortitude,” but just doesn’t have enough money to go up against the unlimited resources (provided by taxpayers) of the government employees who don’t like him?
You would never be able to walk a mile in my shoes and you need to keep up! First of all WE do not KNOW for a fact what they are calling a FULL AUTOMATIC in this matter… Up until a month or so ago, they were calling Bump Stocks a FULL AUTOMATIC MACHINEGUN. And NO, you do NOT need, “millions of dollars”! I fought several criminal cases with the assistance of a court appointed attorney. One such case I actually gave the attorney the balls he needed to do his job just by citing his job description and showing… Read more »
I agree BUT
If the law defines possession of a semi-auto to be illegal, many of us will be criminals and if caught we will be guilt if the charges.
Would plead not guilt and fight charges to best of my ability. However that I would in fact be guilty of the “crime” of possessing arms (unregistered no less) – legal fight would probably not last all that long.
If such laws are passed, it would be past time to harden the home and negotiate mutual defense treaties with the neighbors. In some circumstances LEO jobs should NOT be safe.
Uh huh. I’m not impressed.
Go to Tuskaloosa with your high school teacher and lead by example.
Brent Blankley and his USMC veterans (in their 20s and 30s) are waiting for you.
Or the money to purchase a real attorney to stand up for their rights.
He may not realize: The kind of attorney who is going to get someone out of this jam bills out at $1,000 to $1,500 per hour; That attorney will be one person on a legal team – there will be other attorneys on the team who bill out at $400 to $800 per hour (and basically sit in every meeting with a yellow pad); The attorney will not be like the ones you see on TV. He will not genuinely believe in your cause and stay up all night long coming up with a brilliant defense. He will plod along… Read more »
You also need to see above reply to JSNMGC
See above reply to JSNMGC
Seems you too need to see above reply to JSNMGC
you are twisting what scripture says, please stop.
The AmmoLand twit who wrote the headline either can’t count or has no clue what the word “concurrently” means — the sentence in this case was SIX years, not twelve years as stated in the headline.
The federal prosecutor claims “Prosecuting felons who illegally possess weapons is a priority of my office” but his office gave this felon a plea bargain with a sentence of only six years – and of course he won’t serve all of that.
he just ran the sentences concurrently.
Look at who wrote this page, FAT.
Machine gun laws are unconstitutional. “Felon in possession” penalties should be declared (or made) unconstitutional. Sentences should be for mens rea crimes only, and the sentence should be from a judge after a jury trial on the actual crime, not some ad hominem ‘crime’.
This will never happen in a Progressive Blue Utopia. Chicago, he would walk on a no bond and never be seen again. So tell me why we are publishing propaganda from a fascist organization on this site? Do you intend to publish Klan or Neo-Nazi propaganda here as well? ATF is a clar and present danger to our Republic.
He was a felon in possession of a firearm. He gets to pay the price. That said I do believe that not all felonies should result in loss of gun rights. The article doesn’t mention how he earned his previous felony/ie’s. However, this guy was a felon and, at least it appears, to still be livin’ the crime life so he earned this, it wasn’t just laid upon him.
I’m very curious what gun and configuration they claim was a machine gun.
What will you think when owning an unregistered semiautomatic rifle is a felony? The law is the law? What if there are 25 million unarrested felons walking around the country? Do you want them all living in fear that some guy with a high school GPA of 1.8, who married the third best looking girl on the second string cheerleading squad after he got her pregnant at 17 and now his nighly six pack of Bud Light doesn’t quite take the edge off the pain that she weighs 200 pounds, to have the power to ruin someone’s life because he… Read more »
Pretty much my perspective.
Now THIS is pretty psychotic thinking…
On the LEO’s part, I agree. The same thing has happened many times before.
I’ll bet the “machine gun” was a bump stock.
Or a modified glock.
Bill Clinton qualifies as a prohibited person due to his plea deal.
Something that is NOT reported on as much is the restoration of civil and gun rights post conviction / sentences.
https://ccresourcecenter.org/state-restoration-profiles/chart-1-loss-and-restoration-of-civil-rights-and-firearms-privileges/
I agree that a restoration process should be in place!!
Thanks. Know anything about how to set aside a firearms disability due to an old bogus “domestic violence” restraining order? I know an MD in Texas whose crazy commie-lib sister got one against him in Cali without his knowledge, claimed he had threatened her. I’ve known him for 30 years. Wouldn’t hurt a flea or threaten anyone. No due process. He just learned about it a decade later when he tried to buy a gun in Texas.
The ATF said drugs or pills, marijuana, were found too.
Yeah, maybe the ATF LIES! Pills like Aspirin? Marijuana used to be legal in all 50 states, many are states overturning the unconstitutional prohibitions currently in place. Drugs are like guns; they are not inherently good or evil, until you recognize this your rights will always be in contention.
remember what Smokey The Bear says: Only you can return fire.
Two concurrent sentences do not make 12 years to serve. Actually he’ll probably walk after about 30+ months of good behavior.
The headline said he got 12 years. The article said he got two “concurrent” six year sentences, which means that he got a 6 year sentence. Perhaps the article meant he got consecutive sentences. Under the insane sentencing guidelines for federal crimes 12 years sounds more likely.
i saw the same thing and wondered why they didn’t make him serve the 12 years after all he was a felon in possession of a firearm and drugs. how is this going to benefit society by letting him out after 6 years? the punishment needs to fit the crime.
Will you say the same thing when owning an unregistered semiautomatic firearm is a felony?
Pretty sure some shooting across the country will be in that mix?
So, you are advocating the suspect be released without charges?
Well the only “crime” that was broken are gun crimes and not during another crime. Simply possession that was ratted out by some other low life could happen to any one of us. Yea I think the punishment was an over kill. Dude was eating a freaking sandwich minding his own business probably on his day off after leaving the range. Smh
This is the way the system has been working ever since the bleeding hearts convinced congress and senate that felons can be rehabilitated, all while Jane and Joe America sat back on, (AND REMAIN ON) their fat apathetic asses.
Maybe someday you’ll be convicted of felony possession of an “assault weapon”, “oversize” magazine or whatever. After that if you’re ever caught with any weapon you’ll be convicted of being a “felon in possession” – and I will laugh if I hear about it.
“ATF…Protecting The Public…Serving Our Nation”.
Oh, what a load of commie bull.
Why is Ammoland pimping domestic enemies of the USA and our Constitution?
I hate crappy reporting. What is “a pistol qualifying as a machine gun”? A Skorpion? A Beretta 93R? An M11A1? Or an AR platform somebody got creative with?
Crappy reporting??? No.
“A pistol qualifying as a machine gun”, as should be obvious, is a firearm that will fire two or more rounds with one trigger pull (that’s what makes it a machine gun) that also qualifies as a pistol.
Since the second pistol is listed as “a second AR-style pistol”, that should make it obvious that the first pistol, described above, is also an AR-15 pistol.
Not crappy reporting. Just crappy reading comprehension.
Glad to explain that for you.
I think you’re wrong too that it’s an AR style pistol. I believe it’s a glock style pistol with it modified to fire multiple shots with one trigger pull.
I saw one on the net think it was called “dumb people with guns”, A gun like that can kill the person firing it if they are not careful. like handing a frail girl a 44 magnum and as it came back she fired a second shot and blew her brains out. I wished the guy had gone to prison but they let him go.
You mean like the “bump stock”? You can’t trust the Govt’s definition anymore. They change it on sight!
That could be a logical assumption, but if it had a bump stock on it it wouldn’t have been listed as a pistol.
Just about any semi automatic will fire two shots in a row if you do not hold it tight. Especially those with match triggers. As the recoil pushes back the trigger can reset then as it returns forward the finger fires a second shot.
And that would still be “semi-auto” in function.
Well Mr Asshat…whst if the sentance were worded “a handgun and a second AR styled pistol”? Works too, donit? Nothing actually specifies in the sentance. And who makes “a pistol qualifying as a machine gun”? Is that Colt model, or an S&W variant. FYI, I have a large stamp collection; and I was reading at college level at 7 years old. Asshat.
The Glock model 18 qualifies.
Asshat??? Oh gee, you hurt me so much. You know what they say, people who live in glass houses… “…and I was reading at college level at 7 years old.” By reading your previous posts that is questionable, and obviously not writing at that level. “donit”??? “whst [SIC] if the sentance [SIC] were worded…” What if pigs had wings? Would they be able to fly? Unless you have at least one picture of what was confiscate (there weren’t any in the article I saw) we only have the description given in the article above to go with. I have heard… Read more »
I have seen videos of what I believe was a Glock that had been converted to select-fire being fired in the fully automatic mode!
“a pistol that qualified as a machine gun”. Must have been one of those Glocks with the giggle switch sear.
Yeah…the “Grock” switch.
wrong picture in the caption. lol
They do that when there is no photo of the real perp. They pull up a stock photo from the files. Although the color is wrong in this photo.
There is a photo of Mr. Hutt, yfz450guy is correct! However, I agree using a stock photo in this case is a better idea.
This is a prime example of why “gun crime” flourishes in the U.S.. The laws that would keep the bad guys off the streets are either not enforced or sentences either inadequate to the crime or are watered down, when the perps should serve the full term for each count SEQUENTIALLY not concurrently. If getting the book thrown at one was the rule, that might give bad guys pause.
Another person arguing for even harsher penalties for violations of gun control laws. People are begging for a totalitarian society.
When people are cuffed and stuffed and hauled off to jail for possessing a non-registered semiautomtic rifle, they are going to say with a shocked face: “Wait, I’m the bad guy?”