A New Hampshire company has agreed to plead guilty to charges that it violated the National Firearms Act (NFA) by distributing interoperable components for firearm silencers.
KBC Capital, LLC has agreed to plead guilty to 26 counts of transferring a firearm in violation of the NFA. In connection with the plea agreement, KBC has agreed to pay a $260,000 fine, the maximum financial penalty permitted by law.
“Perpetrators engaged in the manufacturing, distributing or possession of illegal silencers pose a significant challenge for law enforcement,” stated James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division. “We are committed to work with our partners to identify and disrupt these illicit activities so that we can help ensure the safety of our communities.”
“KBC Capital was responsible for at least 26 illicit transfers of firearm suppressors to Massachusetts residents. These devices are controlled by law and private companies in the firearms trade have a duty to follow the proper legal channels to ensure a safe, lawful firearms industry,” said Special Agent in Charge Michael J. Krol of Homeland Security Investigations in New England. “This investigation was only made possible through the close collaboration with our partners in law enforcement working together towards our public safety goals.”
“The use of the mail to further the illicit trade in firearms and firearms components poses a real threat to the public,” said Ketty Larco-Ward, Inspector in Charge of the United States Postal Inspection Service, Boston Division. “The Postal Inspection Service is proud to stand with our federal partners and hold this company responsible for its actions.”
“This investigation is an example of DEA’s dedication to working with our local, state and federal partners in identifying, targeting and investigating those who are involved in selling dangerous devices.” said Stephen Belleau, Acting Special Agent in Charge of the Drug Enforcement Administration, New England Field Division. “We will continue to work with our law enforcement partners to stop illegal activities so our communities can be safe places to be.”
As part of the plea agreement, KBC Capital admits the facts underlying the government’s allegations. The NFA imposes taxes on the making and transfer of NFA Firearms, as well as a special occupational tax on Federal Firearms Licensees (FFLs) engaged in the business of importing, manufacturing and dealing in NFA firearms. Only certain classes of FFLs may lawfully manufacture NFA weapons.
The NFA requires registration of all NFA firearms with the Attorney General in the National Firearms Registration and Transfer Record (NFRTR). The purpose of the NFA is to regulate transactions in NFA firearms, which are deemed to be more dangerous than those not regulated by the NFA due to their proliferation in criminal activity at the time the NFA was enacted.
KBC operated a website using the trade name “Lethal Eye.” KBC sold a variety of firearms accessories. Despite marketing one of these products as a “muzzle break,” this product actually served as a principal part of a firearm silencer. This part was interoperable with other KBC products that, together with other generally available consumer products, could be combined to generate a firearm silencer.
According to court documents, while doing business as “Lethal Eye,” KBC allegedly sent 26 illegal suppressor parts to Massachusetts residents. On August 18, 2023, a search of Lethal Eye’s principal place of business resulted in the recovery of 327 items classified by ATF as illegal firearm silencers. At no time was KBC an FFL, and at no time did KBC pay the appropriate tax to manufacture a single silencer.
The charge of transferring a firearm in violation of the NFA, when charged against a business entity, provides for the maximum penalty of $10,000 per violation, probation of three years and a mandatory special assessment of $400 per count.
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