Previously Convicted Felon Pleads Guilty to Firearms Charge

ALBANY—United States Attorney Richard S. Hartunian and John F. Pikus, Special Agent-in-Charge, Federal Bureau of Investigation, Albany Division, announced that LANCE POTTER, age 34, of Schenectady, New York, pled guilty today, in United States District Court in Albany before the Honorable Thomas J. McAvoy, to Count One of an Indictment charging him with possessing six firearms after having previously been convicted of a felony offense.

In connection with his plea, POTTER admitted the following during his plea proceedings:

On May 5, 2010, law enforcement officials executed a federal search warrant at the residence located at 220 Green Street in Schenectady, New York. This residence was used by POTTER to store some of his personally owned property, including his firearms and ammunition. Seized within the two bedrooms of the aforementioned residence were the following six firearms: a New England Firearms 12-gauge sawed-off shotgun (serial no. NR239422); an SKS 7.62mm rifle (no serial number); a Western Field Model 15K sawed off shotgun (no serial number); a Western Field 12-gauge shotgun (no serial number); a Smith and Wesson .44 caliber revolver (no serial number); and a Colt .38 caliber revolver (no serial number). On at least two of the aforementioned firearms without serials numbers, POTTER used a grinding tool to obliterate and remove the serial numbers. Also seized within the residence at 220 Green Street, and at another residence used by POTTER, were several hundred rounds of ammunition for the previously described firearms.

The firearms described above were all manufactured outside the State of New York, and have therefore moved in interstate commerce. POTTER knowingly possessed the firearms described above.

Previously, on or about June 3, 1997, POTTER was convicted in Schenectady, New York, County Court of Burglary in the 3rd degree (a “D” felony), in violation of New York State Penal Law, Section 140.20, a crime punishable by more than one year of imprisonment.

On May 5, 2010, POTTER was interviewed by investigators. During this interview POTTER stated:

i. The seized firearms (referenced in Count 1 of the Indictment) belonged to him, and him alone;
ii. The seized ammunition belonged to him, and him alone; and
iii. That he had used a grinding tool to remove the serial numbers from some of the seized firearms.

Sentencing was scheduled by Judge McAvoy for October 20, 2010, at 9:30 a.m. in U.S. District Court in Binghamton, New York. POTTER faces a maximum penalty of 10 years' imprisonment and a fine of up to $250,000.00. POTTER was detained pending his sentencing.

This investigation was conducted by the FBI Joint Terrorism Task Force, the Social Security Administration, Office of Inspector General, the New York State Police, and the Schenectady Police Department.