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United States v. Fullmer

March 21, 1972

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
ROGER WAYNE FULLMER, DEFENDANT-APPELLANT



Duffy, Senior Circuit Judge, Stevens, Circuit Judge, and Grant,*fn* District Judge.

Author: Duffy

DUFFY, Senior Circuit Judge.

This is an appeal from a judgment of conviction after a jury trial on Count I of a 3-Count indictment.

Count I charged defendant, a licensed firearms dealer located at 2085 Blackhawk Road, Rockford, Illinois, with knowingly and wilfully conducting the business of a firearms dealer on premises not licensed to him at a County Fair in Mercer County, Illinois.

Defendant had an excellent reputation. In 1962, he was employed by Western Electric Company, remaining with them for one and a half years at which time he enlisted in the Marine Corps. He served in the Corps for three years and was honorably discharged. He was a member of the Marine Corps Reserve for a period of five years.

Defendant returned to work for Western Electric Company and stayed with it for eleven more years. After passing an examination, he worked for the Winnebago County, Illinois, Sheriff's Department for a period of four years. Part of his duty was to drive patrol cars. Thereafter he was appointed to the Communications Section.

After defendant left the Marine Corps, he started a business called Chevron Arms. In 1957 he applied for and was granted a federal license as a firearms dealer. This license was renewed annually and was in full force and effect at the time of the trial. His business consisted of selling at wholesale and retail ammunition, reloading components and some firearms.

In his business at Chevron Arms, defendant dealt with gun shops, other dealers and retail customers. Usually his business dealings were at the Rockford headquarters, but he also took orders and made deliveries.

In the course of his ammunition and firearms business, he attended gun shows when his duties as Deputy Sheriff of Winnebago County permitted.

During his eleven years as a federally licensed firearms dealer and until the occurrences on October 11 and 12, 1969, defendant never was censored by the Alcohol, Tobacco and Firearms Division which administers the Federal Gun Control Act and the National Firearms Act.

On October 11 and 12, defendant attended the Aledo Gun Show held at the Mercer County Fair. As an exhibitor, he had three tables in an L-shaped arrangement. He unloaded certain merchandise from his closed-body, two-ton van. He displayed various calibers of ammunition and gun-loading components.

Defendant's truck was parked outside of the Aledo Gun Show. Merchandise in the truck valued at $16,000 was not on display and was scheduled by defendant for deliveries to other dealers to fill prior orders on his return to Rockford from the Aledo Gun Show. The distance from Aledo to Rockford is about 150 miles.

There were 300 to 400 exhibitors at the Aledo Show.They included gun dealers from in and out of the State of Illinois, coin dealers and antique dealers.

On October 11, defendant made about fifty sales consisting, in part, of shot and lead balls. Defendant kept track of his sales by ringing them up on a cash register. At the end of each day he reported to the ...


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