Oakland Resident Convicted Of Dealing Firearms Without A License And Illegally Possessing Firearm And Ammunition

Source: Office of United States Attorneys

OAKLAND – Robert Davis was convicted of engaging in the business of dealing firearms without a license and firearms possession by a federal jury, announced Acting United States Attorney Patrick D. Robbins and Bureau of Alcohol, Tobacco, Firearms, and Explosives Special Agent in Charge Jennifer L. Cicolani.

The jury found Davis, 31 of Oakland, California, guilty of selling for profit firearms that he purchased illegally in Texas.  The jury also found that on a separate occasion Davis illegally possessed a firearm and ammunition as a felon.  The jury acquitted Davis of an additional charge that Davis had possessed and shipped firearms. The verdicts followed a week-long jury trial before the Honorable Araceli Martínez-Olguín, U.S. District Judge.

Evidence at trial showed that Davis travelled back and forth between California and Texas, where he illegally bought firearms at gun shows. After purchasing the firearms, the defendant shipped the firearms back to the Bay Area where he advertised and sold them for profit, principally using Instagram.  The evidence further showed that on December 22, 2021, law enforcement searched the defendant’s residence and found a loaded 5.7mm firearm in his home. Law enforcement also found more than 100 rounds of ammunition throughout the apartment as well as in Davis’s vehicle. Because Davis previously had been convicted of a felony, he was ineligible to possess the firearm and the ammunition.

Davis is currently in custody pending sentencing which has not yet been scheduled.

The maximum statutory penalty for the violation of 18 U.S.C. § 922(a)(1)(A) is five years in prison and a fine of $250,000, and the maximum statutory penalty violation of 18 U.S.C. § 922(g)(1) is ten years in prison and a fine of $250,000.  However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Assistant U.S. Attorneys Evan Mateer and Jonah Ross are prosecuting the case with the assistance of Kevin Costello, Mark DiCenzo, and Amala James.  The prosecution is the result of an investigation by the ATF, Alameda County Sheriff’s Office, and Fort Worth (TX) Police Department.