HADLEY — FBI agents arrested a 43-year-old Hadley man on Wednesday at his home on charges of unlawful possession of firearms and ammunition following an extensive search of his residence the previous day, according to an FBI spokeswoman.
Based on the criminal complaint, agents found six guns inside a locked safe and a box of 50 rounds of ammunition inside a bedside table at the home of Jacob D. Miller at 108 Hockanum Road.
Miller, who was convicted in 2004 on charges of possession of explosive devices and possession of child pornography, was taken into custody for violating Title 18, Section 922(g)(1) of the U.S. code, which states that it is unlawful, due to a previous criminal conviction with a sentence of more than one year “to ship or transport in interstate or foreign commerce … any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.”
When agents opened the safe on Tuesday, after getting a supplemental search warrant, they found a Remington Model 514; a J. Stevens Arms Company Single Gun; a Remington Sportsmaster Model 511; an O.F. Mossberg & Sons No. 44B; a Marlin Family Firearms Company; and a Remington Model 12C .22 rifle
The box of 50 rounds of Federal brand, American Eagle, .45 auto, 230 grain ammunition was determined to be ammunition that is not manufactured in Massachusetts, according to the FBI.
Miller appeared in federal court in Springfield on Wednesday and was ordered released on conditions, including a special condition that he consent to allow the state Department of Environmental Protection to enter his residence and remove any hazardous materials.
Assistant U.S. Attorney Stephen H. Breslow of the Springfield Branch Office, who is prosecuting the case, asked for this to occur as soon as possible, based on MassDEP’s advice that it is “greatly concerned about potential impacts to public safety. Accidental release, breaking of containers, mixing of incompatible or reactive chemicals and or a fire at the residence pose a serious risk to public safety. MassDEP strongly urges a full and comprehensive evaluation at the residence and removal of any remaining hazardous chemicals.”
The affidavit for the criminal complaint was filed by Special Agent Dustin Farivar, assigned to the Boston Division Springfield Resident Agency’s national security squad. The search on Tuesday was based on an affidavit by Special Agent Derek Boucher, sought on Saturday and granted by U.S Magistrate Judge Katherine A. Robertston.
The charge of unlawful possession of ammunition and firearms provides for a sentence of up to 15 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
U.S. Attorney Leah B. Foley and Jodi Cohen, special agent in charge of the FBI Boston Division, made the announcement. Assistance was provided by the Hadley Police Department and the Massachusetts State Police.
Miller on Feb. 9, 2004 was convicted on two counts of possession of explosive devices and possession of child pornography, and on Feb. 13, 2004 was sentenced to 2½ years in jail and 10 years probation for the weapons charges and seven years of probation for the child pornography possession charge. An extensive search of Miller’s home in December 2002 uncovered the weapons and was based on a U.S. Postal Service investigation.
Scott Merzbach can be reached at smerzbach@gazettenet.com.
