United States of America v. Terrance Wayne VanOchten

Grand Rapids, Michigan criminal defense lawyer represented the Defendant charged with possessing three pipe bombs, which were found as part of a large cache of military-style firearms and equipment.



Terrance Wayne Van Ochten, age 57, of Manecelona, Michigan pled guilty to possessing three pipe bombs, which were found as part of a large cache of military-style firearms and equipment.



VanOchten also made threatening statements about elected public officials at the same time he possessed the bombs.



Kalkaska County Sheriff's deputies responded to VanOchten's home in August 2022, after neighbors reported he was shooting what sounded like a machine gun. He answered the door with a loaded pistol, and later admitted he had been shooting a modified AR-15 style assault rifle into his backyard. Deputies executed a search warrant and found three assembled metal pipe bombs in VanOchten's house. They also found highlighted explosives guides, a "Militia Battle Manual,” and more than a dozen weapons, including semiautomatic rifles, pistols, and a 40mm projectile launcher. VanOchten received an enhanced sentence because he was using drugs at the time of the shooting incident. The Court also considered that his bond was revoked for keeping undisclosed weapons and ammunition.



"VanOchten's illegal possession of explosives have found him a pathway to prison,” said ATF Detroit Special Agent in Charge James Deir. "Illegal explosives and weapons are a threat to public safety and have no place in our community. Those who threaten public safety will be held accountable by ATF.”



The case was investigated by ATF's Grand Rapids Resident Agency and the Kalkaska County Sheriff's Office.



26:5861(d), 26:5841, 26:5871; UNLAWFUL TO RECEIVE A FIREARM NOT REGISTERED; possession of unregistered destructive devices

(1)



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.

Defendant was sentenced to 52 months in prison.