United States District Court, S.D. Alabama, Southern Division
KATHERINE P. NELSON, UNITED STATES MAGISTRATE JUDGE.
matter is before the Court on Defendant Warren Kelly
Hawkins' (“Hawkins”) Motion for Release of
Firearms. (Doc. 31). Per Hawkins' motion,
On September 15, 2017, Warren Kelly Hawkins pled guilty to a
single count of felon-in possession of firearms. Doc. Nos.
19, 21. On December 28, 2017, he was sentenced by this Court
to three years of probation. Doc. No. 29. There was no
forfeiture proceeding or Order of Forfeiture entered in this
case. The firearms, 39 in number, were mostly hunting
firearms and family heirlooms that belonged to Hawkins's
grandfather, who passed away. The firearms seized from
Hawkins's residence by law enforcement still are in the
possession of federal law enforcement.
(Doc. 31 at 1, ¶ 1). Defendant Warren Kelly Hawkins has
moved for an order directing the United States to release 39
certain firearms to his stepson, James Edward Thomas, IV
(“Thomas”). (Doc. 31 at 2, ¶3).
April 12, 2018, the undersigned held a hearing. Hawkins'
counsel, Latisha Colvin, Assistant United States Attorney
Michele O'Brien, and proposed custodian Thomas were
present. Thomas was questioned under oath, and affirmed that
he would not permit Hawkins to exert any possession or
control over the firearms at issue. He was also cautioned as
to Hawkins' restrictions regarding firearms.
the hearing, Hawkins' counsel filed a supplement to the
motion, which contains a list of the seized firearms. (Doc.
43-1). The United States has responded to the list as
1. The firearm evidence in this case, which is currently in
the custody of the FBI has been reviewed by an FBI Evidence
Control Technician to assure that the information previously
provided in discovery, and included as Document 43-1 to
Defendant's supplement, accurately describes each of the
firearms. A correction is required to the serial number of
the second listed shotgun, the correct description is Rossi,
3rd Model 20ga, S/N SP326966.
2. Additional research is still required to determine whether
the initial five (5) firearms listed under the category,
“Non-description Rifles/ Shotguns”, which have no
serial numbers, can lawfully be released to the proposed
transferee, or will require some other manner of disposition.
3. The undersigned has discussed this situation with Defense
Counsel and the parties are in agreement, with the
Court's approval, that the transfer pursuant to
Henderson v. United States, 135 S.Ct. 1780 (2015),
of all the remaining listed firearms (Doc. 43-1) can go
forward at this time. Upon completion of the necessary
research on the status of the listed serial-numberless
firearms, the parties will file another motion/notice with
(Doc. 47 at 1-2). Upon consideration, of the foregoing, the
34 firearms now at issue are:
Remington 5peedmaster .22 LR, Model 552, S/N C1406474
Rossi .22 LR, S/N G377619
Norinco 5K5, 7.62x39, S/N 1512683
Ruger M77, .243, S/N 770-16308
Winchester, Model70 .243, S/N ...