Lafayette Firearms Store Owner and Wife Found Guilty on Federal Firearms Charges

United States Attorney Brandon B. Brown announced that two
individuals from Broussard, Louisiana, have been found guilty on all counts after a jury trial
that began in federal court on Monday, November 27, 2023, and ended Thursday evening,
November 30, 2023. The couple was originally indicted for conspiring to deal firearms
without a license, making false statements in records required to be kept by a licensed firearms
dealer, and failing to file sales reports in connection with their firearms business located in
Lafayette.
Jeremiah Micah Deare, 37, Sarah Elaine Fogle, 30, were found guilty of conspiracy
to engage in the business of dealing in firearms without a license, after the jury heard from
over 20 witnesses and numerous trial exhibits demonstrating the illegal sale and attempted
illegal sale of hundreds of firearms out of their residence and at gun shows as an unlicensed
business. The couple was found to have engaged in the business of dealing firearms without
following applicable laws, including the required background checks on their customers. The
246 firearms seized from the couple’s home, many with price tags, were brought into court
for the jury to inspect, and the indictment also seeks forfeiture of a total of 619 firearms which
were involved in the commission of these offenses.
Trial testimony and evidence revealed that Deare was the owner of Dave’s Gunshop,
LLC (Dave’s) and the responsible party for Dave’s Federal Firearms License, which was
located in Lafayette, Louisiana. Deare and Fogle did not hold a Federal Firearms License in
their individual capacities. On or about August 13, 2019, a compliance inspection was
conducted at Dave’s by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). At
a warning conference on September 19, 2019, in Baton Rouge, Deare and Fogle were warned
for numerous violations, including failing to complete a background check form ATF-4473
(one time), failing to accurately keep acquisition and disposition records for dispositions (67
times), failing to accurately keep acquisition and disposition records for acquisitions (62
times), transferring firearms without having a final response from the National Instant
Criminal Background Check System (two times), inaccurate completion of ATF-4473 forms
(111 times), and for missing firearms. Trial evidence confirmed that, on that same day, the
ATF investigator provided an Acknowledgement of Federal Firearms Regulations to inform
Deare of their responsibilities as a Federal Firearms License holder, and about laws relating
to engaging in the business of selling firearms at gun shows. Trial documents further proved
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the acknowledgment was signed by Deare acknowledging that he understood he was
responsible for familiarizing himself with the laws and regulations.
During trial, testimony and evidence showed that Deare and Fogle, after being
warned, willfully engaged in the business of dealing in firearms without a license by buying
and selling firearms without complying with the recordkeeping and background check
requirements required by federal law. Deare and Fogle acquired large quantities of firearms
and ammunition from estate sales and other means but would not document the firearms in
Dave’s Acquisition & Disposition Book as required by federal law. In addition, firearms
brought to Dave’s to be sold on consignment were not logged into Dave’s Acquisition &
Disposition Book and were not placed for sale at Dave’s, but rather were brough to gun shows
to sell off of Dave’s A&D book and without background checks.
The jury trial revealed that Deare and Fogle kept firearms at their residence without
logging them out of Dave’s store inventory and would travel with the firearms to gun shows
conducted at various locations in Louisiana and several other states. Deare and Fogle sold
firearms at gun shows to non-Louisiana residents for which no ATF-4473 or background
checks were ever completed. Their failure to conduct background checks resulted in the sales
of firearms to persons prohibited by law from possessing or purchasing firearms. Additionally,
the sales of firearms at gun shows outside the State of Louisiana were not done through a
dealer licensed in the state where the gun show was conducted as required by law. The
proceeds from the out-of-state gun sales of firearms were not included as revenue for Dave’s,
but instead, evidence and testimony revealed Deare and Fogle used it for their own personal
gain to avoid any record of these profits with Dave’s, which at the time was in litigation with
the previous owner.
Following the trial, a detention hearing was held and Deare was remanded into
custody where he will remain until the sentencing on April 2, 2024. Fogle will remain out on
bond, with a restriction prohibiting her from traveling outside the State of Louisiana.
Deare faces a sentence of not more than 5 years in prison on Counts 1 and 2, and not
more than 1 year on Count 3 of the Indictment. Fogle faces a sentence of not more than 5
years in prison on Count 1 of the Indictment. Each defendant also faces up to 3 years of
supervised release, and a fine of up to $250,000 on each count.
The ATF conducted the investigation, and Assistant U.S. Attorneys Lauren L.
Gardner and Myers P. Namie prosecuted the case.