Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 1 of 45

AO 93 (Rev. 12/09) Search and Seizure Warrant

UNITED STATES DISTRICT COURT

for the
District of Connecticut
In the Matter of the Search of
(Briefly describe the property to be searched
or identify the person by name and address)
Stag Arms LLC
119 John Downey Drive, including outbuildings
New Britain, CT 06051
(more particularly described in Attachment A)

)
)
)
)
)
)

Case No.

SEARCH AND SEIZURE WARRANT

To:

Any authorized law enforcemen~ officer

An application by a federal law enforcement officer or an attorney for the government requests the search
of the following person or property located in the
District of
Connecticut
(identify the person or describe the property to be searched and give its location):

Stag Arms, LLC, 119 John Downey Drive, New Britain, CT 06051, including outbuildings (more
particularly described in Attachment A)
The person or property to be searched, described above, is believed to conceal (identify the person or describe the
property to be seized):

evidence, fruits and instrumentalities of violation of Title 18 U.S.C. Section 923(i)(failure to serialize/mark firearms) and
18 U.S.C. Section 922(m)(failure to maintain proper records of firearm manufacture, acquisition and disposition), see
Attachment B.
I find that the affidavit(s), or any recorded testimony, establish probable cause to search and seize the person or
property.
YOU ARE COMMANDED to execute this warrant on or before

q_,_,./..~.J...Ij'~Uc...,'J.F-.,..-----,--..,------/(

~ in the daytime 6:00 a.m. to 10 p.m.

(not to exceed 14 days)

0 at any time in the day or night as I find reasonable cause has been
established.

Unless delaY.ed notice is authorized below, you must give a copy of the warrant and a receipt for the property
taken to the person from whom, or from whose premises, the property was taken, or leave the copy and receipt at the
place where the property was taken.
The officer executing this warrant, or an officer present during the execution of the warrant, must prepare an
inventory as required by law and promptly return this warrant and inventory to United States Magistrate Judge
Hon. Thomas P. Smith
(name)

0 I find that immediate notification may have an adverse result listed in 18 U.S.C. 2705 (except for delay
of trial), and authorize the officer executing this warrant to delay notice to the person who, or whose property, will be
searched or seized (check the appropriate box) Ofor
days (not to exceed 30).
Ountil, the facts justifying, the later specific date of
Date and time issued:

City and state:

Cfj~/lf

S:26 ,om

.LH..,a"-'rtf""o""'r""'d.....C""'T_,___ _ _ _ __

~VIlrtc

r1

fJ cf:e,_fcu

Judge { signature

Hon. Thomas P. Smith. United States Magistrate Judge

Printed name and title

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 2 of 45

AO 106 (Rev. 06/09) Application for a Search Warrant

UNITED STATES DISTRICT COURT

for the
District of Connecticut
In the Matter of the Search of
(Briefly describe the property to be searched
or identify the person by name and address)
Stag Arms, LLC
119 John Downey Drive (including outbuildings)
New Britain, CT 06051
(more particularly described in Attachment A)

)
)
)
)
)
)

Case No.

(TPS)

APPLICATION FOR A SEARCH WARRANT

I, a federal law enforcement officer or an attorney for the government, request a search warrant and state under
penalty of perjury that I have reason to believe that on the following person or property (identify the person or describe the
pro;z.erty to be searched and give its location) :

~tag

Arms LLC, 119 John Downey Drive, New Britain, CT 06051 (more particularly described in
Attachment A)
District of

located in the
person or describe the property to be s,eized):

Connecticut
, there is now concealed (identify the
------------------------

Evidence of a violation of 18 U.S.C. Section 923(i)(failure to serialize/mark firearms); and 18 U.S.C. Section 922(m)
(failure to maintain proper records of firearm manufacture, acquisition and disposition).
The basis for the search under Fed. R. Crim. P. 41 (c) is (check one or more):

~evidence of a crime;

ri contraband, fruits of crime, or other items illegally possessed;

0 property designed for use, intended for use, or used in committing a crime;
0 a person to be arrested or a person who is unlawfully restrained.
The search is related to a violation of:

Code Section
18 U.S.C. Section 923(i)
18 U.S .C. Section 922(m)

Offense Description
Failure to serialize/mark firearms
Failure to maintain records of firearm manufacture, acquisition and disposition

The application is based on these facts:

See attached affidavit of Joanna Lambert dated September 2, 2014.

li Continued on the attached sheet.

0 Delayed notice of
days (give exact ending date if more than 30 days: ________ )is requested
under 18 U.S.C. 3103a, the basis ofwhich is set forth on the attached sheet.

Applicant's signature

Joanna Lambert, Special Agent, BATF

Printed name and title

Sworn to before me and signed in my presence.

Date:

q/ l/, 1'/-

City and state: Hartford, Connecticut

J/otCrtr r

ec;,_.:;;;r-

Judge 's signature

Hon . Thomas P. Smith, United States Magistrate Judge

Printed name and title

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 3 of 45

ATTACHMENT A

DESCRIPTION OF PROPERTY TO BE SEARCHED

The property to be searched is 119 John Downey Drive, New Britain, Connecticut,
which is more particularly described as a single story white concrete block and beige
weathered brick commercial structure with a flat roof on the east side of John Downey
Drive. There is a white sign with blue letters "CMT" on the west side of the building next
to the roadway. There are several doors on the north side of the building, three (3) gray
metal doors with windows, as well as three (3) brown overhead doors. The two (2)
brown overhead doors in the eastern portion are clearly marked "shipping" and "receiving"
with blue signs and white lettering. There is a concrete stairway containing seven ( 7)
steps just to the east of the shipping and receiving overhead doors. The stairway leads to
a gray metal door and there is a window just to the west of the door. The third brown
overhead door is located in the center of the north side of the building. There is a gray
metal door with a white awning just to the east. The third gray metal door is located on
the western portion of north side of the building. The driveway and parking area are to
the north of the building. There are security cameras located on the northeast and
northwest corners of the building.

There is a single outbuilding in southeast portion of the property.

It is a tan metal

structure with a gable metal roof and 3 brown overhead doors facing north.

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 4 of 45

ATTACHMENTB
DESCRIPTION OF THE ITEMS TO BE SEIZED

1. Approximately 3000 un-serialized receivers bearing the markings "Stag

Arms, New Britain, CT, USA, Model Stag 15, CAL 5.56mm".
2. Information and Documents: Any and all information, documents or items
in paper or electronic form (including computers and storage media) relating
in any way to violations of federal firearms laws and regulations, including
18 U.S.C. Section 922(m) and 18 U.S.C.

Sec~ion

923(i), identified in the

attached affidavit including, but not limited to, serializer log books,
production records and FFL' s acquisition and disposition records.
3. Identity and personnel records of all individuals responsible for serialization
of firearms, to include attendance logs and leave records of those
individuals.
4. Unlawful Firearms: Any and all firearms the possession of which is illegal
under state or federal law and/or not in compliance with federal law and
regulations concerning the manufacture and sale of firearms.
5. Photographs and Video: Any and all photographs, video, surveillance tapes
or other visual depictions of firearms or other materials relating to violations
of the aforementioned statutes. I further seek authority for agents executing

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 5 of 45

the search warrant to take photographs and/or videotape of the premises and
areas searched.

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 6 of 45

UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT
STATE OF CONNECTICUT
ss: Hartford, CT
September 2, 2014
COUNTY OF HARTFORD
AFFIDAVIT

I, Joanna Lambert, a Special Agent with the Bureau of Alcohol, Tobacco, Firearms and
Explosives, having been duly sworn, deposes and states as follows:
1.

I am a Special Agent with the Bureau of Alcohol, Tobacco, Firearms and

Explosives ("ATF"), and have been so employed since August 2001. I am currently assigned to
the Hartford, CT Field Office. Prior to my employment with ATF, I was employed by the
Windsor Police Department in Windsor, Connecticut for 5 Y2 years as a police officer. Prior to
that, I was employed by the Fairfield Police Department in Fairfield, Connecticut for 1 Y2 years
as a police officer.
2.

During the course of my career, I have participated in hundreds of criminal

investigations, including investigations into suspected narcotics and firearms trafficking. My

participation in the investigations has included coordinating controlled purchases of firearms and
narcotics utilizing confidential informants, cooperating witnesses and undercover law
enforcement officers; coordinating the execution of search and arrest warrants; conducting
electronic and physical surveillance; analyzing records related to firearms and narcotics
trafficking; testifying in Grand Jury and District Court proceedings; and interviewing individuals

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 7 of 45

and other members of law enforcement regarding the manner in which firearms and narcotics
traffickers obtain, finance, store, manufacture, transport and distribute contraband.
3.

I am an investigative or law enforcement officer of the United States within the

meaning of Title 18, United States Code, Section 251 0(7), in that I am empowered by law to
conduct investigations o(and to make arrests for offenses enumerated in Title 18, United States
Code, Section 2516. I am the case agent on the investigation that is the subject of this affidavit
and have personally participated in the investigation concerning violations of the federal laws
listed in this affidavit.
4.

This affidavit is submitted in support of a search warrant to search for and seize

firearms subject to the Amended Gun Control Act of 1968, currently stored at the Federal
Firearm Licensee Stag Arms LLC, a firearms manufacturer located at 119 John Downey Dr.,
New Britain, CT that are un-serialized to wit: approximately 3000 lower receivers marked "Stag
'

Arms, New Britain, CT, USA" on the left side of the magazine well and "Model Stag 15, CAL
5.56mm" above the trigger guard, but do not bear a serial number anywhere on the receiver. I
should note that 119 John Downey Drive has an outbuilding shed.
5.

The Amended Gun Control Act of 1968 defines a firearm as " ... any weapon

(including a starter gun) which will or is designed to or may be readily converted to expel a
projectile by the action of an explosive .. .[and] ... the frame or receiver of any such weapon." See
18 U.S.C 921(a)(3).

It is required that firearms manufacturers identify each firearm with a

serial number, in such manner as the Attorney General shall by regulations provide. See 18
U.S.C. 923(i)). It is also required that licensed manufacturers record the serial number of each
complete firearm manufactured or otherwise acquired not later than the seventh day following

-2-

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 8 of 45

.
the date of manufacture/acquisition pursuant 27 C.F.R. 478.123(a). Furthermore, it is required

that Federal Firearms Licensed Manufacturers maintain records of firearms manufacture,

acquisition and disposition. See 18 U.S.C. 922(m), 27 CFR 478.123(a), 27 CFR 478.123
(b) and A TF Ruling 2012-1.
6.

This affidavit sets forth facts and evidence that are relevant to the requested

search warrant, but does not set forth all the facts and

evid~nce

that I have gathered during the

course of the investigation of this matter. The statements contained in this affidavit are based, in
part, on information provided by personnel of the ATF and information acquired through review
of documents.
7.

I have personally participated in this investigation. As a result of my participation

in this investigation and the analysis of reports submitted by ATF, I am familiar with all aspects
of this investigation. The information contained in this affidavit is based on this familiarity, and
on information which I have reviewed and determined to be accurate and reliable. Because this
affidavit is being submitted for the limited purpose of securing a search warrant, I have not
included each and every fact known to me concerning this investigation. I have set forth only the
facts that I believe are essential to establish the foundation necessary to support the requested
search warrant.
8.

During the months of July and August of 2014, Bureau of Alcohol, Tobacco,

Firearms and Explosives (ATF) Industry Operations Investigators (lOis) performed a firearms
compliance inspection of Federal Firearm Licensee, Stag Arms, LLC's two manufacturing
facilities located at 119 John Downey Drive and 515 John Downey Drive, New Britain, CT.
Stag Arms is a federal firearms licensee ("FFL") with license #6-06-003-07-5L-00729. Stag

-3-

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 9 of 45

Arms is owned and operated by Mark Malkowski. The Stag Arms location at 119 John Downey
Drive is also co-located with Continental Machine Tool ("CMT"), another FFL. CMT is owned
by Mark Malkowski's father, Tadeusz ("Ted") Malkowski. During inspection of both FFLs,
ATF lOis discovered null)erous violations of federal firearms laws and regulations.
9.

During the inspection of Stag Arms at 119 John Downey, lOis located

approximately 3000 receivers that are regulated by the Amended Gun Control Act of 1968 that
were manufactured by Stag Arms. These receivers were not serialized. During the inspection,
Ted Malkowski, the owner of CMT, originally stated to ATF IOI Timothy Gahm that CMT had
manufactured the aforementioned un-serialized receivers.

The owner of Stag Arms, Mark

Malkowski then told IOI Gahm the firearms were manufactured by Stag. The receivers were
marked "Stag Arms, New Britain CT, USA."

Tadeusz Malkowski also advised IOI Gahm

during the inspection on July 15, 2014 that the un-serialized receivers had been on the premises
for more than 7 days and up to 30 days because the employee that does the serializing was on
vacation.

IOI Gahm initially observed the un-serialized receivers on July 15, 2014 during the

inspection. Seven days later on July 22, 2014, your affiant and IOI Gahm again observed the unserialized receivers at the-premises.
10.

A sample of the aforementioned approximately 3000 un-serialized receivers was

retained and forwarded to the ATF Firearms Technology Branch for Technical Analysis. Based
on the analysis, the FTB determined the submitted sample was a "firearm" as defined in 18
U.S.C. 921(a)(3).
11.

During the inspection, no ATF compliant firearm manufacturing or disposition

records were located at the premises of 119 John Downey Dr., New Britain, CT, for the

-4-

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 10 of 45

aforementioned receivers or for any other firearms produced at that location.

12.

Accordingly, based on the foregoing, there is probable cause to believe, and I do

believe that, evidence, fruits and instrumentalities pertaining to violations of 18 U.S.C 923(i),
18 U.S.C. 922(m) and 27 CFR 123(a) as set forth in greater detail in Attachment B, are now
located within the above-described subject premises, described more specifically in Attachment
A, both of which are appended to the applications for search and seizure warrants for the subject
premises and incorporated herein by reference. I also know from my training and experience
that FFLs who engage in unlawful transactions, sales and transfers of firearms often keep
records, documents and property which constitute evidence, fruits of such crime, and/or
contraband such as those items which are described in greater detail in Attachment B, at their
place of business.

Furthermore, in light of the foregoing, and based on my training and

experience I know that FFLs who engage in unlawful transactions, sales and transfers of firearms
and/or who secure, obtain or possess certain types of illegal firearms often keep a separate set of
books, whether via computer or otherwise, to keep track of such unlawful activity, at their place
of business. Given the history of violations as to both Stag Arms and CMT and the extensive
and pervasive violations of federal firearms laws and regulations, it is my belief that such
violations are continuing at the present time.

Accordingly, with respect to the premises

described in Attachment A, I respectfully seek authority to search for any and all records,
documents and information - in paper, electronic or other form - relating to violations of the
statutes identified above, including the following:
a. Information and Documents: Any and all information, documents or items
relating in any way to violations of the statutes identified above including, but

-5-

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 11 of 45

not limited to, serializer log books, production records and FFL's acquisition
and disposition records.
b. Identity and personnel records of all individuals responsible for serialization
of firearms, to include attendance logs and leave records of those individuals.
c. Unlawful Firearms: Any and all firearms the possession of which is illegal
under state or federal law.
d. Photographs and Video: Any and all photographs, video, surveillance tapes or

..
other visual depictions of firearms or other materials relating to violations of
the aforementioned statutes. I further seek authority for agents executing the
search warrant to take photographs and/or videotape of the premises and areas
searched.
COMPUTERS, ELECTRONIC STORAGE AND FORENSIC ANALYSIS
13. As described above and in the attachment, this application seeks permission to
search for records that might be found on the identified premises, in whatever
form they are found. One form in which the records might be found is data
stored on a computer's hard drive, electronic storage devices or other storage
media as explained above. Thus, the warrant applied for would authorize the
seizure of electronic storage media or, potentially, the copying of
electronically stored information, all under Rule 41 (e) (2) (B).
14. Based on my training and experience, I know that electronic devices can store
information for long periods of time. Similarly, things that have been viewed
via the Internet are typically stored for some period of time on the device.

-6-

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 12 of 45

This infonnation can sometimes be recovered with forensics tools.

15.

I submit that if computers, electronic storage devices or storage media as

described above are found on the premises, there is probable cause to believe those records will
be stored on that computer or storage medium, for at least the following reasons:
a. Based on my knowledge, training, and experience, I know that
computer files or remnants of such files can be recovered months or
even years after they have been downloaded onto a storage medium,
deleted, or viewed via the Internet. Electronic files downloaded to a
storage medium can be stored for years at little or no cost. Even when
files have been deleted, they can be recovered months or years later
using forensic tools. This is so because when a person "deletes" a file
on a computer, the data contained in the file does not actually
disappear; rather, that data remains on the storage medium until it is
overwritten by new data.
b. Therefore, deleted files, or remnants of deleted files, may reside in free
space or slack space-that is, in space on the storage medium that is not
currently being used by an active file-for long periods of time before
they are overwritten. In addition, a computer's operating system may
, also keep a record of deleted data in a "swap" or "recovery" file.
c. Wholly apart from user-generated files, computer storage media-in
particular, computers' internal hard drives-contain electronic evidence
of how a computer has been used, what it has been used for, and who

-7-

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 13 of 45

has used it. To give a few examples, this forensic evidence can take
the form of operating system configurations, artifacts from operating
system or application operation, file system data structures, and virtual
memory "swap" or paging files. Computer users typically do not erase
or delete this evidence, because special software is typically required
for that task.

However, it is technically possible to delete this

information.
d. Similarly, files that have been viewed via the Internet are sometimes
automatically downloaded into a temporary Internet directory or
"cache."
16.

Forensic Evidence. As further described in the attachments, this application seeks

permission to locate not only computer files that might serve as direct evidence of the crimes
described on the warrant, but also for forensic electronic evidence that establishes how any
computers, electronic storage devices and other storage media were used, the purpose of their
use, who used them, and when. There is probable cause to believe that this forensic electronic
evidence will be on any computer, electronic storage device or storage medium located on or in
the premises because:
a. Data on the storage medium can provide evidence of a file that was
once on the storage medium but has since been deleted or edited, or of
a deleted portion of a file (such as a paragraph that has been deleted
from a word processing file). Virtual memory paging systems can
leave traces of information on the storage medium that show what

-8-

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 14 of 45

tasks and processes were recently active.

Web browsers, e-mail

programs, and chat programs store configuration information on the

storage medium that can reveal information such as online nicknames
and passwords. Operating systems can record additional information,
such as the attachment of peripherals, the attachment of USB flash
storage devices or other external storage media, and the times the
computer was in use. Computer file systems can record information
about the dates files were created and the sequence in which they were
created, although this information can later be falsified.
b. Forensic evidence on a computer or storage medium can also indicate
who has used or controlled the computer or storage medium. This
"user attribution" evidence is analogous to the search for "indicia of
occupancy" while executing a search warrant at a residence.

For

example, registry information, configuration files, user profiles, email, e-mail

address books, "chat," instant messaging logs,

photographs, the presence or absence of mal ware, and correspondence

(and the data associated with the foregoing, such as file creation and
last-accessed dates) may be evidence of who used or controlled the
computer or storage medium at a relevant time.
c. A person with appropriate familiarity with how a computer works can,
after examining this forensic evidence in its proper context, draw
conclusions about how computers were used, the purpose of their use,

- 9-

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 15 of 45

who used them, and when.

d. The process of identifying the exact files, blocks, registry entries, logs,
or other forms of forensic evidence on a storage medium that are
necessary to draw an accurate conclusion is a dynamic process. While
it is possible to specify in advance the records to be sought, computer
evidence is not always data that can be merely reviewed by a review
team and passed along to investigators.

Whether data stored on a

computer is evidence may depend on other information stored on the

computer and the application of knowledge about how a computer
behaves. Therefore, contextual information necessary to understand
other evidence also falls within the scope of the warrant.
e. Further, in finding evidence of how a computer was used, the purpose
of its use, who used it, and when, sometimes it is necessary to establish
that a particular thing is not present on a storage medium.

For

example, the presence or absence of counter-forensic programs or antivirus programs (and associated data) may be relevant to establishing
the user's intent.
f.

I know that when an individual uses a computer to further criminal

activity, the individual's computer will generally serve both as an
instrumentality for committing the crime, and also as a storage
medium for evidence of the crime. The computer is an instrumentality
of the crime because it is used as a means of committing the criminal

-10-

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 16 of 45

offense.

The computer is also likely to be a storage medium for

evidence of crime. From my training and experience, I believe that a

computer used to commit a crime of this type may contain: data that is
evidence of how the computer was used; data that was sent or
received; notes as to how the criminal conduct was achieved; records
of Internet discussions about the crime; and other records that indicate
the nature of the offense.
17.

Necessity of seizing or copying entire computers or storage media. In most cases,

a thorough search for information that might be stored on storage media often requires the
seizure of the physical

s~orage

media and later off-site review consistent with the warrant. In

lieu of removing storage media from the premises, it is sometimes possible to make an image
copy of storage media. Generally speaking, imaging is the taking of a complete electronjc
picture of the computer's data, including all hidden sectors and deleted files. Either seizure or
imaging is often necesse3:ry to ensure the accuracy and completeness of data recorded on the
storage media, and to prevent the loss of the data either from accidental or intentional
destruction. This is true because of the following:
a. The time required for an examination.

As noted above, not all

_evidence takes the form of documents and files that can be easily
viewed on site. Analyzing evidence of how a computer, electronic
storage device or other storage media has been used, what it has been
used for, and who has used it requires considerable time, and taking
, that much time on premises could be unreasonable.

-11-

As explained

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 17 of 45

above, because the warrant calls for forensic electronic evidence, it is

exceedingly likely that it will be necessary to thoroughly examine
'storage media to obtain evidence. Storage media can store a large
volume of information.

Reviewing that information for things

described in the warrant can take weeks or months, depending on the

volume of data stored, and would be impractical and invasive to
attempt on-site.
b. Technical requirements.

Computers, electronic storage devices or

other storage media can be configured in several different ways,

featuring a variety of different operating systems, application software,
and configurations.

Therefore, searching them sometimes requires

tools or knowledge that might not be present on the search site. The
vast array of computer hardware and software available makes it
difficult to know before a search what tools or knowledge will be
required to analyze the system and its data on the premises. However,
taking the storage media off-site and reviewing it in a controlled
environment will allow its examination with the proper tools and
knowledge.
c. Variety of forms of electronic media.

Records sought under this

warrant could be stored in a variety of storage media formats that may

require off-site reviewing with specialized forensic tools.
I 8.

Nature of examination.

Based on the foregoing, and consistent with Rule

-12-

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 18 of 45

41 (e)(2)(B), the warrants I am applying for would permit seizing, imaging, or otherwise copying
storage media that reasonably appear to contain some or all of the evidence described in the
warrant, and would authorize a later review of the l)'ledia or information consistent with the
warrant. The later review may require techniques, including but not limited to computer-assisted
scans of the entire medium, that might expose many parts of a hard drive to human inspection in
order to determine whether it is evidence described by the warrant.
19.

Because several people work at the business that is the subject of this warrant, it is

possible that the subject premises will contain storage media that are predominantly used, and
perhaps owned, by persons who are not suspected of a crime. If it is nonetheless determined that
that it is possible that the things described in this warrant could be found on any of those
computers or storage media, the warrant applied for would permit the seizure and review oflhose
items as well.
20. Finally, I request that this affidavit, the search warrant application, and the
search warrant, along with the materials attached hereto, be sealed until further order of the
Court since disclosure of these materials at this time would seriously jeopardize the ongoing
investigation. The government further asks the Court to direct the United States Attorney's
Office to maintain this affidavit, the search warrant application, and the search warrant, along
with the materials attached hereto in its possession until the Court orders that the documents be
filed with the Clerk of the Court or until the matter under investigation has become public.

-13-

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 19 of 45

21.

The foregoing is true and correct to the best of this Applicant's knowledge.
'

a.---_

b~

J
ALAMBERT
SP IALAGENT
BUREAU OF ALCOHOL, TOBACCO,
FIREARMS AND EXPLOSIVES
Subscribed and sworn to before me this
Connecticut.

2.

,;..
day of September 2014, at Hartford,

~k,(fl, -ec1<01[

ONORABLE THOMAS P. SMITH

UNITED STATES MAGISTRATE JUDGE

-14-

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 20 of 45

ATTACHMENT A

DESCRIPTION OF PROPERTY TO BE SEARCHED

The property to be searched is 119 John Downey Drive, New Britain, Connecticut,
which is more particularly described as a single story white concrete block and beige
weathered brick commercial structure with a flat roof on the east side of John Downey
Drive. There is a white sign with blue letters "CMT" on the west side of the building next
to the roadway. There are several doors on the north side of the building, three (3) gray
metal doors with windows, as well as three ( 3) brown overhead doors. The two ( 2)
brown overhead doors in the eastern portion are clearly marked "shipping" and "receiving"
with blue signs and white lettering. There is a concrete stairway containing seven ( 7)
steps just to the east of the shipping and receiving overhead doors. The stairway leads to
a gray metal door and there is a window just to the west of the door. The third brown
overhead door is located in the center of the north side of the building. There is a gray
metal door with a white awning just to the east. The third gray metal door is located on
the western portion of north side of the building. The driveway and parking area are to
the north of the building. There are security cameras located on the northeast and
northwest corners of the building.

There is a single outbuilding in southeast portion of the property. It is a tan metal

structure with a gable metal roof and 3 brown overhead doors facing north.

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 21 of 45

ATTACHMENT B
DESCRIPTION OF THE ITEMS TO BE SEIZED

1. Approximately 3000 un-serialized receivers bearing the markings "Stag

Arms, New Britain, CT, USA, Model Stag 15, CAL 5.56mm".
2. Information and Documents: Any and all information, documents or items
in paper or electronic form (including computers and storage media) relating
in any way to violations of federal firearms laws and regulations, including
18 U.S.C. Section 922(m) and 18 U.S.C. Section 923(i), identified in the
attached affidavit including, but not limited to, serializer log books,
production records and FFL' s acquisition and disposition records.
3. Identity and personnel records of all individuals responsible for serialization
of firearms, to include attendance logs and leave records of those
individuals.
4. Unlawful Firearms: Any and all firearms the possession of which is illegal
under state or federal law and/or not in compliance with federal law and
regulations concerning the manufacture and sale of firearms.
5. Photographs and Video: Any and all photographs, video, surveillance tapes
or other visual depictions of firearms or other materials relating to violations
of the aforementioned statutes. I further seek authority for agents executing

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 22 of 45

the search warrant to take photographs and/or videotape of the premises and
areas searched.

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 23 of 45

AO 93 (Rev. 12/09) Search and Seizure Warrant

UNITED STATES DISTRICT COURT

for the
District of Connecticut
In the Matter of the Search of

(Briefly describe the property to be searched

or identify the person by name and address)

Stag Arms LLC

515 John Downey Drive, including outbuildings
New Britain, CT 06051
(more particularly described in Attachment A}

)
)
)
)

Case No.

SEARCH AND SEIZURE WARRANT

To:

Any authorized law enforcement officer

An application by a federal law enforcement officer or an attorney for the government requests the search
of the following person or property located in the
District of
Connecticut
(identify the person or describe the property to be searched and give its location):

Stag Arms, LLC, 515 John Downey Drive, New Britain, CT 06051, including outbuildings (more
particularly described in Attachment A)
The person or property to be searched, described above, is believed to conceal (identify the person or describe the
property to be seized):

evidence, fruits and instrumentalities of violation of Title 26, United States Code Section 5861 (d)(possession of
unregistered NFA firearm); 18 U.S .C. Section 923(i)(failure to serialize/mark firearms) and 18 U.S.C. Section 922(m)
(failure to maintain proper records of firearm manufacture, acquisition and disposition), see Attachment B.
I find that the affidavit(s), or any recorded testimony, establish probable cause to search and seize the person or
property.

YOU ARE COMMANDED to execute this warrant on or before

~ in the daytime 6:00 a.m. to I 0 p.m.

94-V~GI-/...:...I....J'/'--,--------:-:--,---,.----
/

(not to exceed 14 days)

0 at any time in the day or night as I find reasonable cause has been
established.

Unless delayed notice is authorized below, you must give a copy of the warrant and a receipt for the property
taken to the person from whom, or from whose premises, the property was taken, or leave the copy and receipt at the
place where the property was taken.
The officer executing this warrant, or an officer present during the execution of the warrant, must prepare an
inventory as required by law and promptly return this warrant and inventory to United States Magistrate Judge
Hon. Thomas P. Smith
(name)

0 I find that immediate notification may have an adverse result listed in 18 U.S.C. 2705 (except for delay
of trial), and authorize the officer executing this warrant to delay notice to the person who, or whose property, will be
days (not to exceed 30).
searched or seized (check the appropriate box) Ofor

a-ru-=

Ountil, the facts justifYing, the later specific date of

Date and time issued:

City and state:

9jzbz.J
I

.5:"/I.J

llM

.LJH,. . a"--'rtf"-'o.ur.....
d .._:C""T-'------- -- -

~g-,,,,,(

Judge 's signature

Hon. Thomas P. Smith. United States Magistrate Judge

Printed name and title

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 24 of 45

AO 106 (Rev. 06/09) Application for a Search Warrant

UNITED STATES DISTRICT COURT

for the
District of Connecticut
In the Matter of the Search of
(Briefly describe the property to be searched
or identify the person by name and address)
Stag Arms, LLC
515 John Downey Drive, including outbuildings
New Britain, CT 06051
(more particularly described in Attachment A)

)
)
)
)

Case No.

(TPS)

)
)

APPLICATION FOR A SEARCH WARRANT

I, a federal law enforcement officer or an attorney for the government, request a search warrant and state under
penalty of perjury that I have reason to believe that on the following person or property (identify the person or describe the
proR.erty to be searched and.,give its location):
~tag Arms, LLC, o15 John Downey

Drive, New Britain, CT 06051, including outbuildings (more

particularly described in Attachment A)

located in the

---------------

District of

person or describe the property to be seized):

Connecticut
, there is now concealed
-----------------------

(identify the

Evidence of a violation of Title 26, United States Code Section 5861 (d)(possession of unregistered NFA firearm); 18
U.S.C. Section 923(i)(failure to serialize/mark firearms); and 18 U.S.C. Section 922(m)(failure to maintain proper
records of firearm manufacture, acquisition and disposition).
The basis for the search under Fed. R. Crim. P. 41 (c) is (check one or more):
~evidence of a crime;

ri contraband, fruits of crime, or other items illegally possessed;

0 property designed for use, intended for use, or used in committing a crime;
0 a person to be arrested or a person who is unlawfully restrained.
The search is related to a violation of:

Offense Description
Code Section
Title 26, U.S.C. Section 5861(d) Possession of unregistered NFA firearm
18 U.S.C. Section 923(i)
Failure to serialize/mark firearms
Failure to maintain records of firearm manufacture, acquisition and disposition
18 U.S.C. Section 922(m)
The application is based on these facts:
See attached affidavit of Joanna Lambert dated September 2, 2014.

l'1f

Continued on the attached sheet.

0 Delayed notice of _ _ days (give exact ending date if more than 30 days:
) is requested
under 18 U.S.C. 31 OJ a, the basis of which is set forth = e attache~ s.~

~~~~

Applicant 's signature

Joanna Lambert, Special Agent, BATF

Printed name and title

Sworn to before me and signed in my presence.

Date:

?/o/JtJ

City and state: Hartford, Connecticut

~ll(IU ~;;;~
Judge 's signature

Hon. Thomas P. Smith, United States Magistrate Judge

Printed name and title

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 25 of 45

ATTACHMENT A

DESCRIPTION OF PROPERTY TO BE SEARCHED

The property to be searched is 515 John Downey Drive, New Britain, Connecticut,
which is more particularly described as a single story brown brick and beige accented
commercial structure with a flat roof on the east side of John Downey Drive. There is a
set of baseball fields directly across the street. There are three (3) windows on the west
side of the building closest to John Downey Drive. There are three (3) additional windows
on the west side of the building further south. This portion of the building is set back
further off the street. These three (3) windows also have black metal security bars over
them. The numbers "515" are clearly marked with black letters facing west on a white
overhang that extends off of the southwest corner of the building.

There is a lobby area

located underneath the overhang in the southwest corner of the building facing south.
There is a glass door into the lobby surrounded by windows. These windows and this
door are covered with black metal security bars. The driveway and parking area are
located to the south of the building.
north of this building.

53 3 John Downey Drive is located immediately to the

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 26 of 45

ATTACHMENT B
DESCRIPTION OF THE ITEMS TO BE SEIZED
a. Information and Documents: Any and all information, documents or items in
whatever form relating in any way to violations of the statutes identified
above including, but not limited to, the FFL's acquisition and disposition
records; the FFL's ATF Form 4473 records; any and all records relating to
any theft, loss or missing firearms of the FFL; any and all records of internal
inventories conducted by the FFL including; any and all records relating to the
FFL's NICS background checks and related State of Connecticut documents;
any and all records regarding shipments made by the FFL via the U.S. Mail,
Federal Express or any other common carrier; any and all records regarding
multiple sales made by the FFL; and any and all records regarding purchases
or attempted purchases by prohibited persons.
b. Address books, daily planners, rolodexes, etc., to include contact information
for possible transferees or other FFL's to whom items may have been
transferred. These materials include electronic devices that are capable of
analyzing, displaying, converting, or transmitting electronic impulses or data
and the contents therein, daily calendars, and lists of names and phone
numbers.
c. Financial Records: Any and all financial documents reflecting acquisitions,
dispositions, transactions, sales, and inventory or otherwise reflecting the flow
of firearms in and out of Stag Arms, LLC, including sales receipts, credit card
receipts, register tapes, accounts receivables, bank account statements, checks,

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 27 of 45

deposit items, withdrawal items, insufficient-funds notices, cashier's checks,

money orders, canceled checks, safe deposit box records and safe deposit box
keys, financial statements, balance sheets, ledgers, and invoices.
d. Tax Returns and records: Any and all records and documents relating to any
tax returns for Stag Arms, LLC, reflecting any income made from the
operation of Stag Arms, LLC or the absence thereof, including copies of state
and federal income tax returns and records related to the preparation of state
and federal income tax returns.
e. Unlawful Firearms: Any and all firearms the possession of which is illegal
under state or federal law and/or not in compliance with federal law and
regulations concerning the manufacture and sale of firearms.
f.

Photographs and Video: Any and all photographs, video, surveillance tapes or
other visual depictions of firearms or other materials relating to violations of
the aforementioned statutes. I further seek authority for agents executing the
search warrant to take photographs and/or videotape of the premises and areas
searched.

g. Computers, Computer Hardware, Storage Devices and Electronic Documents.

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 28 of 45

UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT
STATE OF CONNECTICUT
ss: Hartford, CT
September 2, 2014
COUNTY OF HARTFORD
AFFIDAVIT

I, Joanna Lambert, a Special Agent with the Bureau of Alcohol, Tobacco, Firearms and
Explosives, having been ~uly sworn, deposes and states as follows:
1.

I am a Special Agent with the Bureau of Alcohol, Tobacco, Firearms and

Explosives ("ATF"), and have been so employed since August 2001. I am currently assigned to
the Hartford, CT Field Office. Prior to my employment with ATF, I was employed by the
Windsor Police Departm<:<nt in Windsor, Connecticut for 5

years as a police officer. Prior to

that, I was employed by the Fairfield Police Department in Fairfield, Connecticut for 1 ~ years
as a police officer.
2.

During the course of my career, I have participated in hundreds of criminal

investigations, including investigations into suspected narcotics and firearms trafficking. My

participation in the investigations has included coordinating controlled purchases of firearms and
narcotics utilizing confidential informants, cooperating witnesses and undercover law
enforcement officers; coordinating the execution of search and arrest warrants; conducting
electronic and physical surveillance; analyzing records related to firearms and narcotics
trafficking; testifying in Grand Jury and District Court proceedings; and interviewing individuals

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 29 of 45

and other members of law enforcement regarding the manner in which firearms and narcotics
traffickers obtain, finance, store, manufacture, transport and distribute contraband.
3.

I am an investigative or law enforcement officer of the United States within the

meaning of Title 18, United States Code, Section 251 0(7), in that I am empowered by law to
conduct investigations of and to make arrests for offenses enumerated in Title 18, United States
Code, Section 2516. I am the case agent on the investigation that is the subject of this affidavit
and have personally participated in the investigation concerning violations of the federal laws
listed in this affidavit.
4.

This affidavit is submitted in support of a search warrant to search for and seize

firearms subject to the Amended Gun Control Act of 1968 (GCA), as well as the National
Firearms Act (NFA) currently stored at the Federal Firearm Licensee Stag Arms LLC (STAG), a
firearms manufacturer located at 515 John Downey Dr., New Britain, CT that are un-serialized to
wit: approximately 158 lower receivers. Some of these were marked "Stag Arms, New Britain,
CT, USA" on the left side of the magazine well and "Model Stag 15, CAL 5.56mm" above the
trigger guard; while some of these were various other models and calibers.

There were

approximately 20 of these receivers that bore no markings whatsoever. Further, there were
approximately 22 un-serialized lower receivers (machine guns) marked "Stag Arms, New
Britain, CT, USA" on the left side of the magazine well and "Model Stag 16, CAL 5.56mrn"
above the trigger guard.

There were also four lower machine gun receivers, bearing serial

numbers FF00016, FF00017, FF00018 and FF00019, respectively, each marked "Stag/FerFrans,
Model SOAR, CAL 5.56".
5.

I am currently investigating allegations that Stag Arms, has committed multiple

- 2-

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 30 of 45

violations of federal firearm laws and regulations, to include: (1) 18 U.S.C. 922(m) (making
false entries in, failing to make appropriate entries in, and failing to properly maintain, federal
firearms records); (2) 18 U.S.C. 923(i) and 27 CFR 478.92 (failure to serial.ize and place
required markings on firearms; (3) 26 U.S.C. 5861(i) (failure to serialize NFA firearms); and (4)
26 U.S.C. 5861(d) (possession ofNFA firearms not registered to the FFL).
6.

The Amended Gun Control Act of 1968 defines a firearm as " ... any weapon

(including a starter gun} which will or is designed to or may be readily converted to expel a
projectile by the action of an explosive ... [and] ... the frame or receiver of any such weapon" (see
18 U.S.C 921 (a)(3)).

It is required that firearms manufacturers identify each firearm with a

serial number, in such manner as the AG shall by regulations provide (see 18 U.S.C. 923(i)).
It is also required that licensed manufacturers record the serial number of each complete firearm

manufactured or otherwise acquired not later than the seventh day following the date of
manufacture/acquisition (see CFR 4 78.123(a)).

Furthermore, it is required that Federal

Firearms Licensed Manufacturers maintain records of firearms manufacture, acquisition and

disposition (see 18 U.S.C. 922(m), 27 CFR 478.123(a) and 27 CFR 478.123 (b)) and ATF
Ruling 2012-1 ).
7. The National Firearms Act defines a firearm in part as" ..... (6) a machine gun (see 26
U.S.C. 5856(a)). The term 'machine-gun' means any weapon which shoots, is designed to
shoot, or can readily be 'restored to shoot, automatically more than one shot, without manual
reloading, by a single pull of the trigger. The term shall also include the frame or receiver of any
such weapon (see 26 U.S.C. 5845(b) and 18 U.S.C. Section 921(a)(3)). It is required that
firearms manufacturers identify each firearm with a serial number, in such manner as the AG

-3-

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 31 of 45

shall by regulations provide (see 26 U.S.C. 5842(a)).

It is also required that licensed

manufacturers record the serial number of each complete firearm manufactured or otherwise
acquired no later than the seventh day following the date of manufacture/acquisition (see CFR
478.123(a)). Furthermore, it is required that Federal Firearms Licensed Manufacturers maintain
records of firearms manufacture, acquisition and disposition (see 18 U.S.C. 922(m), 27 CFR
478.123(a) and 27 CFR 478.123 (b)) and ATF Ruling 2012-1).
8.

The National Firearms Act (NF A) applies only to certain firearms and weapons,

including, but not limited to: machine guns, silencers, short-barreled rifles, and short-barreled
shotguns. See 26 U.S.C. 5845. The NFA directs the ATF to maintain a registry of all NFAregulated firearms and weapons in the United States which are not under the possession or
control of the United States government. See 26 U.S.C. 5841. The NFA provides that it is
unlawful for any person (or entity) to receive or possess any NFA-regulated firearm or weapon
that is not registered to him or her (or it). See 26 U.S.C. 5861(d). Furthermore, before any
NFA-regulated firearm or weapon is transferred from one person (or entity) to another, the
transferor and transferee must complete an application form, the form must be approved by ATF,
and the transferor must pay a transfer tax of$200. See 26 U.S.C. 5811-5812. Any firearm or
weapon in violation of the NF A is subject to seizure and forfeiture by the United States. See 26

u.s.c. 5872.
9.

This affidavit sets forth facts and evidence that are relevant to the requested

search warrant, but does not set forth all the facts and evidence that I have gathered during the
course of the investigation of this matter. The statements contained in this affidavit are based, in
part, on information provided by personnel of the ATF and information acquired through review

-4-

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 32 of 45

of documents.
10.

I have personally participated in this investigation. As a result of my participation

in this investigation and the analysis of reports submitted by ATF, I am familiar with all aspects
of this investigation. The information contained in this affidavit is based on this familiarity, and
on information which I have reviewed and determined to be accurate and reliable. Because this
affidavit is being submitted for the limited purpose of securing a search warrant, I have not
included each and every fact known to me concerning this investigation. I have set forth only the
facts that I believe are essential to establish the foundation necessary to support the requested
search warrant.
11.

During the months of July and August of 2014, Bureau of Alcohol, Tobacco,

Firearms and Explosives (ATF) Industry Operations Investigators (lOis) performed a firearms
compliance inspection on a Federal Firearm Licensee, Stag Arms, LLC, a firearms manufacturer
located at 515 John Downey Dr., New Britain, CT.
12.

During the inspection of Stag, lOis located approximately 136 receivers that are

regulated by the Amen&d Gun Control Act of 1968 that were manufactured by Stag Arms.
These receivers were not serialized. During the inspection, the Plant Manager of Stag Arms,
Veetek Witkowski, stated to ATF Industry Operations Investigator (IOI) Timothy Gahm that
these un-serialized receivers had been at Stag for as long as a few years and that the receivers
were not serialized in order to duplicate serial numbers of firearms or receivers that were
damaged (in violation of 18 U.S.C. 923(i) and 27 CFR 478.92). Furthermore, the current
ATF inspection revealed that Stag was manufacturing receivers at 119 John Downey Drive, New
Britain, CT and had been doing so at least since 2011. Licensed firearms manufacturers must

-5-

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 33 of 45

mark and serialize all completed firearms (including receivers) prior to it being sold, shipped or
otherwise disposed of (see 18 U.S.C. 923(i) and 27 CFR 478.92). Therefore, these receivers
were manufactured at 119 John Downey Dr. and transported to 515 John Downey Dr. while
bearing no serial number(s), in violation of the aforementioned statute and regulation.
13.

A sample of the aforementioned 136 un-serialized receivers was retained and

forwarded to the ATF Firearms Technology Branch (FTB) for Technical Analysis. Based on the
analysis, the FTB determined the submitted sample was a "firearm" as defined in 18 U.S.C.
921 (a)(3).
14. During the inspection of Stag, lOis located approximately 22 machine gun receivers
that are regulated by the National Firearms Act that were manufactured by Stag Arms. These
machine gun receivers were not serialized as required by 26 U.S.C. 5842(a) and 27 CFR
479.102(a). These machine gun receivers were also not registered with ATF as required by 26
U.S.C. 5841(c) and 27 CFR 479.103. The current ATF inspection revealed that Stag was
manufacturing receivers at 119 John Downey Drive, New Britain, CT.

Licensed firearms

manufacturers must mark and serialize all completed firearms (including receivers) prior to it
being sold, shipped or otherwise disposed of(see 18 U.S.C. 923(i) and 27 CFR 478.92).
14.

During the inspection, 4 machinegun receivers were located, bearing serial

numbers FF00016, FF00017, FF0018 and FF0019, respectively.

A query ofthe ATF National

Firearm Registration Transfer Records determined that these firearms are unregistered (see 26

u.s.c. 5861(d)).
15.

During the inspection, no ATF compliant firearm manufacturing or disposition

records were located at the premises 515 John Downey Dr., New Britain, CT, for the

-6-

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 34 of 45

aforementioned receivers as required by 18 U.S.C. 922(m) and 27 CFR 478.92.

16. During the

i~spection

of Stag Arms LLC, it was also discovered by ATF lOis that

Stag was manufacturing firearms for another Federal Firearms Licensee (FFL), Smith & Wesson
(S& W). While Stag Arms had received approval to manufacture firearms for S& W and place
S& W required markings on these firearms (pursuant to a variance issued by ATF in 2005 in
accordance with 27 CFR _ 478.22), it was learned that Stag Arms had manufactured firearms for
S&W and placed their required markings on these firearms but had not delivered these to S&W
as required by the variance. Stag Arms by manufacturing these firearms and failing to mark
these firearms with their own manufacturers marks of identification and unique serial numbers
committed violations of !8 U.S.C. 923(i) and 27 CFR 478.92. Furthermore, the transfer of
these firearms to an FFL other than S& W may make these firearms untraceable by law
enforcement.
17. By way of example, on or about June 30, 2007, Stag Arms manufactured S&W,
Model M&P 15 rifles, serial numbers SW14303 & SW 14410, and on June 30, 2008, transferred
these firearms to another FFL, Continental Machine Tool Co (FFL# 606003070H35688, located
at 533 John Downey Drive, New Britain, CT 06051). Additionally, on or about June 30, 2007,
Stag Arms manufactured S&W, Model M&P 15 rifles, serial numbers SW14769, SW14944, and
SW 15039, and

on June 30, 2008, transferred these firearms to another FFL, Continental

Machine Tool Co (FFL# 606003070H35688).

18.

Based on the foregoing, as well as my training and experience, I know that FFLs

who engage in unlawful transactions, sales and transfers of firearms often keep records,
documents and property which constitute evidence, fruits of such crime, and/or contraband such

-7-

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 35 of 45

as those items which are described in greater detail in Attachment B, at their place of business.
Furthermore, in light of 'the foregoing, and based on my training and experience I know that
FFLs who engage in unlawful transactions, sales and transfers of firearms and/or who secure,
obtain or possess certain types of illegal firearms often keep a separate set of books, whether via
computer or otherwise, to keep track of such unlawful activity, at their place of business.
19.

Accordingly, based on the foregoing, there is probable cause to believe, and I do

believe that, evidence, fruits and instrumentalities pertaining to violations of 18 U.S.C 923(i),
18 U.S.C. 922(m) and 27 CFR 123(a)& (b), 18 U.S.C. 924(a)(l)(A) as well as 26 U.S.C.
5861 (i), and 26 U.S.C. 5861(d) as set forth in greater detail in Attachment B, are now located
within the above-described subject premises, described more specifically in Attachment A, both
of which are appended to the applications for search and seizure warrants for the subject
premises and incorporated herein by reference. Given the extensive and pervasive violations of
federal firearms laws and regulations occurring here, it is my belief that such violations are
continuing at the present time.

Accordingly, with respect to the premises described in

Attachment A, I respectfully seek authority to search for any and all records, documents and
information - in paper, electronic or other form - relating to violations of the statutes identified
above, including the following:
'

a. Information and Documents: Any and all information, documents or items in

whatever form relating in any way to violations of the statutes identified
above including, but not limited to, the FFL's acquisition and disposition
records; the FFL' s ATF Form 44 73 records; any and all records relating to
any theft, loss or missing firearms of the FFL; any and all records of internal

- 8-

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 36 of 45

inventories conducted by the FFL including; any and all records relating to the
FFL's NICS background checks and related State of Connecticut documents;
any and all records regarding shipments made by the FFL via the U.S. Mail,
Federal Express or any other common carrier; any and all records regarding
multiple sales made by the FFL; and any and all records regarding purchases
or attempted purchases by prohibited persons.
b. Address books, daily planners, rolodexes, etc., to include contact information
for possible transferees or other FFL's to whom items may have been
transferred. These materials include electronic devices that are capable of
analyzing, displaying, converting, or transmitting electronic impulses or data
and the contents therein, daily calendars, and lists of names and phone
numbers.
c. Financial Records: Any and all financial documents reflecting acquisitions,
'

dispositions, transactions, sales, and inventory or otherwise reflecting the flow

of firearms in and out of Stag Arms, LLC, including sales receipts, credit card
receipts, register tapes, accounts receivables, bank account statements, checks,
deposit items, withdrawal items, insufficient-funds notices, cashier's checks,
money orders, canceled checks, safe deposit box records and safe deposit box
keys, financial statements, balance sheets, ledgers, and invoices.
d. Tax Returns and records: Any and all records and documents relating to any
tax returns for Stag Arms, LLC, reflecting any income made from the
operation of Stag Arms, LLC or the absence thereof, including copies of state

-9-

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 37 of 45

and federal income tax returns and records related to the preparation of state
and federal income tax returns.
e. Unlawful Firearms: Any and all firearms the possession of which is illegal
under state or federal law and/or not in compliance with federal law and
regulations concerning the manufacture and sale of firearms.
f.

Photographs and Video: Any and all photographs, video, surveillance tapes or
other visual depictions of firearms or other materials relating to violations of
the aforementioned statutes. I further seek authority for agents executing the
search warrant to take photographs and/or videotape of the premises and areas
searched.

g. Computers, Computer Hardware, Storage Devices and Electronic Documents.

COMPUTERS, ELECTRONIC STORAGE AND FORENSIC ANALYSIS

22. As described above and in the attachment, this application seeks permission
to search for records that might be found on the identified premises, in
whatever form they are found. One form in which the records might be found
is data stored on a computer's hard drive, electronic storage devices or other
storage media as explained above.

Thus, the warrant applied for would

authorize the seizure of electronic storage media or, potentially, the copying
of electronically stored information, all under Rule 41(e) (2) (B).
23. Based on my training and experience, I know that electronic devices can store
information for long periods of time. Similarly, things that have been viewed

-10-

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 38 of 45

via

th~

Internet are typically stored for some period of time on the device.

This information can sometimes be recovered with forensics tools.

24.

I submit that if computers, electronic storage devices or storage media as

described above are found on the premises, there is probable cause to believe those records will
be stored on that comput~r or storage medium, for at least the following reasons:
a. Based on my knowledge, training, and experience, I know that
computer files or remnants of such files can be recovered months or
even years after they have been downloaded onto a storage medium,
. deleted, or viewed via the Internet. Electronic files downloaded to a
storage medium can be stored for years at little or no cost. Even when
files have been deleted, they can be recovered months or years later
using forensic tools. This is so because when a person "deletes" a file
.on a computer, the data contained in the file does not actually
disappear; rather, that data remains on the storage medium until it is
'

overwritten by new data.

b. Therefore, deleted files, or remnants of deleted files, may reside in free
. space or slack space-that is, in space on the storage medium that is not
currently being used by an active file-for long periods of time before
they are overwritten. In addition, a computer's operating system may
also keep a record of deleted data in a "swap" or "recovery" file.
c. Wholly apart from user-generated files, computer storage media-in
particular, computers' internal hard drives-contain electronic evidence

-11-

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 39 of 45

of how a computer has been used, what it has been used for, and who
has used it. To give a few examples, this forensic evidence can take
the form of operating system configurations, artifacts from operating
system or application operation, file system data structures, and virtual
. memory "swap" or paging files. Computer users typically do not erase
or delete this evidence, because special software is typically required
for that task.

However, it is technically possible to delete this

information.
d .. Similarly, files that have been viewed via the Internet are sometimes
automatically downloaded into a temporary Internet directory or
"cache."
25.

Forensic Evidence. As further described in the attachments, this application seeks

permission to locate not .only computer files that might serve as direct evidence of the crimes
described on the warrant, but also for forensic electronic evidence that establishes how any
computers, electronic storage devices and other storage media were used, the purpose of their
use, who used them, and when. There is probable cause to believe that this forensic electronic
evidence will be on any computer, electronic storage device or storage medium located on or in
the premises because:
a. Data on the storage medium can provide evidence of a file that was
once on the storage medium but has since been deleted or edited, or of
. a deleted portion of a file (such as a paragraph that has been deleted
from a word processing file). Virtual memory paging systems can

-12-

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 40 of 45

"leave traces of information on the storage medium that show what

tasks and processes were recently active.

Web browsers, e-mail

programs, and chat programs store configuration information on the

storage medium that can reveal information such as online nicknames
' and passwords. Operating systems can record additional information,
such as the attachment of peripherals, the attachment of USB flash
storage devices or other external storage media, and the times the
computer was in use. Computer file systems can record information
about the dates files were created and the sequence in which they were
created, although this information can later be falsified.
b. Forensic evidence on a computer or storage medium can also indicate
who has used or controlled the computer or storage medium. This
"user attribution" evidence is analogous to the search for "indicia of
occupancy" while executing a search warrant at a residence.

For

example, registry information, configuration files, user profiles, email,

e-mail

address

books, "chat,"

instant

messaging

logs,

photographs, the presence or absence of mal ware, and correspondence

(and the data associated with the foregoing, such as file creation and
last-accessed dates) may be evidence of who used or controlled the
computer or storage medium at a relevant time.
c. A person with appropriate familiarity with how a computer works can,
after examining this forensic evidence in its proper context, draw

-13-

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 41 of 45

..

conclusions about how computers were used, the purpose of their use,
who used them, and when.
d. The process ofidentifying the exact files, blocks, registry entries, logs,
. or other forms of forensic evidence on a storage medium that are
necessary to draw an accurate conclusion is a dynamic process. While
it is possible to specify in advance the records to be sought, computer
evidence is not always data that can be merely reviewed by a review
team and passed along to investigators.

Whether data stored on a

computer is evidence may depend on other information stored on the

computer and the application of knowledge about how a computer
behaves. Therefore, contextual information necessary to understand
, other evidence also falls within the scope of the warrant.
e. Further, in finding evidence of how a computer was used, the purpose
of its use, who used it, and when, sometimes it is necessary to establish
that a particular thing is not present on a storage medium.

For

. example, the presence or absence of counter-forensic programs or antivirus programs (and associated data) may be relevant to establishing
the user's intent.
f.

I know that when an individual uses a computer to further criminal

activity, the individual's computer will generally serve both as an
instrumentality for committing the crime, and also as a storage
medium for evidence of the crime. The computer is an instrumentality

-14-

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 42 of 45

of the crime because it is used as a means of committing the criminal

offense.

The computer is also likely to be a storage medium for

evidence of crime. From my training and experience, I believe that a

'computer used to commit a crime of this type may contain: data that is
evidence of how the computer was used; data that was sent or
received; notes as to how the criminal conduct was achieved; records
of Internet discussions about the crime; and other records that indicate
the nature of the offense.
26.

Necessity of seizing or copying entire computers or storage media. In most cases,

a thorough search of a premises for information that might be stored on storage media often
requires the seizure of the physical storage media and later off-site review consistent with the

warrant. In lieu of removing storage media from the premises, it is sometimes possible to make
an image copy of storage media.

Generally speaking, imaging is the taking of a complete

electronic picture of the computer's data, including all hidden sectors and deleted files. Either
seizure or imaging is often necessary to ensure the accuracy and completeness of data recorded

on the storage media, and to prevent the loss of the data either from accidental or intentional
destruction. This is true because of the following:
a. The time required for an examination.

As noted above, not all

evidence takes the form of documents and files that can be easily
viewed on site. Analyzing evidence of how a computer, electronic
storage device or other storage media has been used, what it has been
used for, and who has used it requires considerable time, and taking

-15-

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 43 of 45

that much time on premises could be unreasonable.

As explained

above, because the warrant calls for forensic electronic evidence, it is

exceedingly likely that it will be necessary to thoroughly examine
storage media to obtain evidence. Storage media can store a large
volume of information.

Reviewing that information for things

described in the warrant can take weeks or months, depending on the

volume of data stored, and would be impractical and invasive to
attempt on-site.
b. Technical requirements.

Computers, electronic storage devices or

other storage media can be configured in several different ways,

featuring a variety of different operating systems, application software,
and configurations.

Therefore, searching them sometimes requires

tools or knowledge that might not be present on the search site. The
vast array of computer hardware and software available makes it
difficult to know before a search what tools or knowledge will be
required to analyze the system and its data on the premises. However,
taking the storage media off-site and reviewing it in a controlled
environment will allow its examination with the proper tools and
knowledge.
c. Variety of forms of electronic media.

Records sought under this

warrant could be stored in a variety of storage media formats that may

require off-site reviewing with specialized forensic tools.

-16-

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 44 of 45

27.

Nature of examination.

Based on the foregoing, and consistent with Rule

41 (e)(2)(B), the warrants I am applying for would permit seizing, imaging, or otherwise copying
storage media that reaso!'lably appear to contain some or all of the evidence described in the
warrant, and would authorize a later review of the media or information consistent with the
warrant. The later review may require techniques, including but not limited to computer-assisted
scans of the entire medium, that might expose many parts of a hard drive to human inspection in
order to determine
28.

wheth~r

it is evidence described by the warrant.

Because several people work at the business that is the subject of this warrant, it is

possible that the subject premises will contain storage media that are predominantly used, and
perhaps owned, by persons who are not suspected of a crime. If it is nonetheless determined that
that it is possible that the things described in this warrant could be found on any of those
computers or storage media, the warrant applied for would permit the seizure and review of those
items as well.
29.

Finally, I request that this affidavit, the search warrant application, and the search

warrant, along with the materials attached hereto, be sealed until further order of the Court since
disclosure of these materials at this time would seriously jeopardize the ongoing investigation.
The government further asks the Court to direct the United States Attorney's Office to maintain
this affidavit, the search warrant application, and the search warrant, along with the materials
attached hereto in its possession until the Court orders that the documents be filed with the Clerk
of the Court or until the matter under investigation has become public.

-17-

Case 3:15-cv-00682-JAM Document 1-1 Filed 05/06/15 Page 45 of 45

30.

The foregoing is true and correct to the best of this Applicant's knowledge.

JO
ALAMBERT
SPECIAL AGENT
BUREAU OF ALCOHOL, TOBACCO,
FIREARMS AND EXPLOSIVES

Subscribed and sworn to before me this

Connecticut.

Z. day

Ja, .. ,._ ~ .. rl,

of September 2014, at Hartford,

HONORABLE T OMAS P. SMITH

UNITED STATES MAGISTRATE JUDGE

- 18-