Gun Shop and Owner Charged with Transfer of Firearm to a Felon, Aiding and Abetting Unlicensed Firearm Trafficking, and Failure to Maintain Firearm Records

SAN JUAN, Puerto Rico – A federal grand jury returned a three-count indictment against Aileene Mudafort-Fernández and Mudafort Xtreme Sports & Motorsports Inc. for disposing of a pistol to a felon, aiding and abetting in unlicensed firearm trafficking, and failure to maintain firearm records.  In a separate indictment, José Berrios-Aquino, an armorer of Mudafort Xtreme Sports & Motorsports Inc., was charged with the possession of a machinegun.

According to the indictments, since at least 2020, Ms. Mudafort-Fernández and her gun shop aided and abetted “R.R.M.” in the illegal trafficking of guns. Additionally, Ms. Mudafort-Fernández disposed of a Taurus pistol in 2019 to “P.C.T.,” knowing that he was a felon. Ms. Mudafort-Fernández and her armory further failed to maintain firearm accords according to law.

An armorer of Mudafort Xtreme Sports & Motorsports Inc., José Berrios-Aquino, was charged in a separate indictment with possessing a pistol that had been modified to be a machinegun.  According to public documents, Mr. Berrios-Aquino’s gun had been altered with an Alamo-15 Forced Reset Trigger, which modifies a gun to automatically fire more than one shot without manual reloading by a single function of the trigger.

“Violent crimes involving guns are often committed by people who cannot legally obtain a firearm, but they find a way. According to the indictments, these defendants engaged in the business of dealing guns without following the firearms laws,” said W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. “The manufacturing and unlicensed sale for profit of high-capacity firearms is a serious threat to public safety. We will continue to vigorously investigate gun dealers and prosecute violations of the law.”

“Federal Firearms Licensees hold a special responsibility as the first line of defense against the illegal diversion of firearms from lawful commerce,” said ATF Special Agent in Charge Christopher A. Robinson. “A dereliction of that duty by willfully participating in these alleged actions will never be tolerated by ATF.”

Assistant U.S. Attorney Linet Suarez of the Violent Crimes Section is in charge of the prosecution of the case. The Bureau of Alcohol, Tobacco, Firearms and Explosives is in charge of the investigation. If convicted, each defendant faces a sentence of up to ten years in prison.  An indictment contains only charges and is not evidence of guilt.

An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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