Feds ask for extension to decide on new charges in machine gun conspiracy case

Prosecutors on Tuesday asked a federal judge for additional time as they weigh whether to pursue a new indictment against a local machine gun business owner whose case was dropped earlier this month.

U.S. District Court Stephanie Gallagher dismissed an indictment against Robert Krop, co-owner of The Machine Gun Nest, after she ruled that his speedy trial rights were violated in his machine gun conspiracy case.

However, Gallagher said the violation was done without prejudice. Therefore, she told prosecutors, they had three weeks to file another indictment against Krop if they chose to pursue the case against him.

She said she would hold Krop’s court dates until prosecutors either filed another indictment or dropped the case entirely. Krop’s trial is scheduled to start Oct. 15 and last eight days.

Krop and Frederick County Sheriff Chuck Jenkins were indicted in April 2023 on five counts of conspiracy and making false statements to illegally acquire machine guns. Krop was additionally charged with illegal possession of machine guns.

Both pleaded not guilty.

The charges against Jenkins remain.

In their letter to Gallagher, prosecutors asked for an additional week to make their decision.

One of the prosecutors, Assistant U.S. Attorney Christine Goo, the lead counsel for the government in the case, has been involved with a trial since May 13, the letter said. Leading up to that trial, Goo was also heavily involved with trial preparation.

Krop’s charges were dropped on May 3, and Gallagher gave prosecutors until May 24 to make their decision about a new indictment.

“The requested one-week extension would afford the government sufficient time to properly evaluate this matter and, if appropriate, present it to the grand jury for consideration,” the letter said.

Dan Cox, Krop’s attorney, did not immediately respond to a request for comment on Wednesday.

Prosecutors allege Jenkins signed letters on official Sheriff’s Office letterhead that allowed Krop to obtain machine guns that he otherwise could not procure.

The letters, called “law letters,” said the sheriff’s office wanted demonstrations of various machine guns, prosecutors have said.

The letters were sent to the Bureau of Alcohol, Tobacco, Firearms and Explosives, which approves the transfer, possession and importation of post-1986 machine guns for select license holders under narrow criteria.

The Machine Gun Nest held such a license.

Prosecutors allege that even though the letters asked for demonstrations of the machine guns, those demonstrations never happened. Krop rented out the machine guns to the public when he received them, they said.

Krop stated in previous court filings that he contacted Jenkins to try to set up demonstrations.