Description: Wilmington, Delaware criminal defense lawyer represented the Defendant charged with possession of an unregistered destructive device in violation of 26 U.S.C. 5861, which provides:

It shall be unlawful for any person—
(a) to engage in business as a manufacturer or importer of, or dealer in, firearms without having paid the special (occupational) tax required by section 5801 for his business or having registered as required by section 5802; or
(b) to receive or possess a firearm transferred to him in violation of the provisions of this chapter; or
(c) to receive or possess a firearm made in violation of the provisions of this chapter; or
(d) to receive or possess a firearm which is not registered to him in the National Firearms Registration and Transfer Record; or
(e) to transfer a firearm in violation of the provisions of this chapter; or
(f) to make a firearm in violation of the provisions of this chapter; or
(g) to obliterate, remove, change, or alter the serial number or other identification of a firearm required by this chapter; or
(h) to receive or possess a firearm having the serial number or other identification required by this chapter obliterated, removed, changed, or altered; or
(i) to receive or possess a firearm which is not identified by a serial number as required by this chapter; or
(j) to transport, deliver, or receive any firearm in interstate commerce which has not been registered as required by this chapter; or
(k) to receive or possess a firearm which has been imported or brought into the United States in violation of section 5844; or
(l) to make, or cause the making of, a false entry on any application, return, or record required by this chapter, knowing such entry to be false.

Job Gillette, 25, amassed seventeen Molotov Cocktails, additional raw materials, an AK-47 semi-automatic rifle, ammunition, and a ballistic vest, which he was keeping in a shed outside the group home where he lived. Gillette had taken measures to maximize the harmful impact of his weapons, including adding Styrofoam to his Molotov Cocktails in an effort to “help the burning liquid adhere to the target and create clouds of thick, choking smoke,” as well as adding screws and nails to increase their destructive impact.

Gillette had threatened to “blow up or burn down” the group home where he lived. He also believed in the New World Order, a conspiratorial idea that powerful entities are manipulating governments to create a one-world totalitarian government.

U.S. Attorney Weiss stated, “Had Mr. Gillette been able to follow through with his plot, the impact could have been devastating for the group home and its residents. I wish to commend federal, state and local law enforcement for working together to thwart Mr. Gillette’s criminal plans. This sentence should serve as a deterrent for anyone considering this similar violent conduct.”

“The FBI works tirelessly every day to protect the American people and remains vigilant in our efforts to detect and assess threats of violence,” said Special Agent in Charge Thomas J. Sobocinski of the FBI’s Baltimore Field Office. “We will continue to partner with our local and state law enforcement to be ready to respond to any threats that arise and keep our communities safe.”

Assistant U.S. Attorney Carly A. Hudson and former District of Delaware Assistant U.S. Attorney Ruth Mandelbaum prosecuted the case, which was investigated by the FBI Wilmington Resident Agency, with substantial assistance from HSI Wilmington and the Delaware State Police and Delaware State Fire Marshals.

Outcome: Defendant was sentenced to 87 MONTHS IMPRISONMENT; 3 YEARS SUPERVISED RELEASE; FINE WAIVED; $100 SPECIAL ASSESSMENT

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