Feds given until November to act in Delaware County firearms case

Douglas Walker, Muncie Star Press
·2 min read
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MUNCIE, Ind. — A U.S. District Court judge has given federal authorities until Nov. 21 to decide what actions to take, if any, stemming from the seizure of hundreds of firearms from a Muncie Sanitary District official's property.

On Feb. 22, agents with the the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives raided the property of Stephen Brand, president of the Muncie Sanitary District Board, along Delaware County Road 200-W south of Muncie.

Court documents indicated the agents "seized approximately 650 firearms and assorted ammunition."

On May 24, an attorney for Brand — and two members of his family, Stuart and Owen Brand — filed an administration claim seeking return of nearly all of the items taken from their property.

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

That normally would have given federal authorities six months from the time of the raid to take action — likely by asking to have the firearms forfeited to the government, or filing a related criminal indictment — or return the guns and ammunition.

In mid-August, the office of U.S. Attorney Zachary Myers asked for a 90-day extension, until Nov. 21, to decide what action, if any, will be taken.

"The United States is still gathering information about this matter to determine the appropriate course of action," federal prosecutors wrote.

The motion indicated a search warrant leading to the February raid had suggested there was probable cause to believe the guns seized were tied to "dealing in firearms without a license."

The Brands' attorney, K. Michael Gaerte of Indianapolis, this month filed an objection to extending the deadline, saying federal authorities knew the "consequences for failing to properly investigate prior to executing a search warrant, yet (they) chose to proceed."

Last week, M. Kendra Klump, a magistrate judge in U.S. District Court in Indianapolis, gave the federal government until Nov. 21 "to file a (civil) complaint for forfeiture of the (Brands') property" or to "obtain an indictment or information related" to the firearms and ammunition seized.

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

This article originally appeared on Muncie Star Press: Feds given until November to act in Delaware County firearms case