ADM F. 500 (Rev. 03/22) Order and Judgment
SUPERIOR COURT OF THE STATE OF RIDGEWAY
STATE OF RIDGEWAY
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DOCKET NO. RSC-CM-581
Plaintiff
v.
JOHNHESSRON
Defendant
BACKGROUND
On August 4th, 2022, the State filed an information against the Defendant, alleging 2 violations of 5
R.S.C § 2, and two violations of 5 R.S.C. § 9. The Defendant appeared before the court and entered a plea of
not guilty. Trial began on August 23, 2022, and concluded September 4, 2022.
JUDGMENT
In the State’s Exhibit B, which is a search warrant receipt, served and filled by Corporal e_lzu of the
Ridgeway County Sheriff’s Office. From this search warrant, the Sheriff’s Office seized and disposed of a total
of 312 Stetson M2-A firearms, which are unlawful to possess by persons who are not law enforcement. The
Defendant, being a tourist at the time of these seizures, cannot obtain law enforcement employment. Alongside
the Stetson M2-As, the Sheriff’s Office took further custody of 9 Para-17 firearms, which are unlawful to
possess by persons who are not law enforcement. This seizure is the basis upon which count one was levied.
In the State’s Exhibit D, which is a search warrant receipt, served and filled by Corporal CarnageCulture
of the Ridgeway State Police. From this search warrant, the State Police seized and disposed of a total of 39
Stetson M2-A firearms, which are unlawful to possess by persons who are not law enforcement. This seizure is
the basis upon which count two was levied.
As to counts three and four, the State combined seizures from Exhibits B and D, where the Sheriff’s
Office seized and disposed of 1 Solami, 88 boxes of 5.56 ammunition [Count 3], and the State Police seized and
disposed of 25 boxes of 5.56 ammunition, 19 boxes of 12 gauge ammunition, and one box of 9 millimeter
ammunition. Though, since the Defendant was a tourist at the time of these seizures, the possession of these
items were unlawful, and the State charges the Defendant with a violation of 5 R.S.C. § 2 - Unlawful Possession
of Firearms with Intent to Sell. While the Defendant satisfies the prong of holding the articles illegally, there is
an apparent demand for specificity in 5 R.S.C § 2, requiring that one must be in possession of both (at least) 10
firearms and 10 boxes of ammunition to be found guilty of this offense. To counts three and four, the Court
finds those prongs to be false.
Nevertheless, in the Court’s view, unlawful possession of a firearm is a lesser included offense of
unlawful possession of firearms with intent to sell. The elements of the lesser included offense–the secondary
offense–must be embraced by the offense charged–the primary offense–in the enactment creating the secondary
offense. See Schmuck v. United States, 489 U.S. 705 (1989). The included offense must also give fair notice that
it exists by definition of the primary offense. In the case of unlawful possession of a firearm, the Court finds
that it satisfies the requirements to be a lesser included offense of unlawful possession of firearms with intent to
sell. Having found the implied inclusion of the secondary offense, the Court must now determine whether the
factual findings can support a conviction on the secondary offense. Unlawful possession of a firearm, an offense
contrary to the Ridgeway State Code, requires that one must “possess any civilian-grade firearms or
ammunition without being a holder of a RFLID…” In both search warrants submitted by the State, the
Defendant is in possession of a Solami, which is a civilian-grade firearm, over 100 boxes of 5.56 ammunition,
and several other types of ammunition. Being a tourist, the Defendant is unable to possess an RFLID, satisfying
the prongs of possessing civilian-grade firearms/ammunition without holding an RFLID.
CONCLUSION
For the foregoing reasons, the Court finds the Defendant:
- GUILTY TO COUNT ONE - UNLAWFUL POSSESSION OF POLICE-GRADE
EQUIPMENT - 5 R.S.C. § 9
- GUILTY TO COUNT TWO - UNLAWFUL POSSESSION OF POLICE-GRADE
EQUIPMENT - 5 R.S.C § 9
- NOT GUILTY TO COUNT THREE - UNLAWFUL POSSESSION OF FIREARMS WITH
INTENT TO SELL - 5 R.S.C. § 2
- NOT GUILTY TO COUNT FOUR - UNLAWFUL POSSESSION OF FIREARMS WITH
INTENT TO SELL - 5 R.S.C. § 2
- GUILTY TO UNLAWFUL POSSESSION OF A FIREARM - 5 R.S.C § 1
SO ORDERED, ADJUDGED AND DECREED.
At Palmer, Ridgeway, this 21st day of October, 2022.
/s/ DavidLClarke
MAGISTRATE JUDGE
