Feds again granted delay in resolving Delaware County firearms case

Douglas Walker, Muncie Star Press
Updated ·2 min read
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MUNCIE, Ind. — For a third time, federal authorities have been given more time to determine what actions might follow the seizure 10 months ago of hundreds of guns from a Delaware County family's property.

Agents with the U.S. Bureau Alcohol, Tobacco, Firearms and Explosives on Feb. 22 raided the property of Stephen Brand — president of the Muncie Sanitary District Board — along Delaware County Road 200 West south of Muncie.

Agents with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives conducted a raid on Feb. 22 at a property in Monroe Township owned by Stephen D. Brand, president of the Muncie Sanitary District Board.
Agents with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives conducted a raid on Feb. 22 at a property in Monroe Township owned by Stephen D. Brand, president of the Muncie Sanitary District Board.

Court documents indicated "approximately 650 firearms and assorted ammunition" were seized during the raid.

A motion filed in May — by an attorney representing Brand and two members of his family — sought return of nearly all of the items removed from their property,

More: Six months after ATF raid, Muncie official's 650 firearms remain in legal limbo

Federal prosecutors normally take up to six months from the time of a raid to take some related legal action or to return the guns and ammunition.

However, in mid-August, the office of U.S. Attorney Zachary Myers asked that the deadline by extended by 90 days — until Nov. 21 — to decide what action might be taken.

That request, which was granted, referred to a federal search warrant that suggested there was probable cause to believe the guns seized were tied to "dealing in firearms without a license."

In November, federal authorities were granted another 30-day extension, until Dec. 21, to make their decisions.

On Dec. 19, however, a request was made for yet another extension, until Jan. 20, before "a complaint or indictment is filed, or the matter is otherwise resolved."

"The United States is still gathering information about this matter to determine the appropriate course of action," the latest motion states. "The United States and counsel for the claimants are negotiating and believe this mater can be resolved without the filing of a civil complaint."

On Thursday, M. Kendra Klump, a U.S. magistrate judge, signed the order giving federal prosecutors until Jan. 20 to make their decisions regarding the case.

In the wake of the February raid, the ATF launched "administrative forfeiture proceedings" targeting the firearms.

Douglas Walker is a news reporter for The Star Press. Contact him at 765-213-5851 or at dwalker@muncie.gannett.com.

This article originally appeared on Muncie Star Press: Feds granted Jan. 20 deadline to resolve Delaware County firearms case