In federal machine gun case, Krop's attorney attacks prosecution's allegations

Reporter

Robert Krop, second from left, walks alongside his attorney, former Maryland state Del. Dan Cox, second from right, toward the Edward A. Garmatz United States District Courthouse in Baltimore before Krop's court appearance in April. Krop's wife, Stephanie Krop, is at left, and Krop's brother, Andrew Krop, is at right.

Frederick County Sheriff Chuck Jenkins appeared at a local gun firing range on multiple occasions and had opportunities to see demonstrations of the machine guns at the center of a federal indictment, according to a motion from his co-defendant's attorney.

Jenkins’ attorneys, however, said last week in their own motion that there was no evidence he ever saw the machine guns.

Dan Cox, the attorney for local firearms business owner Robert Krop, who is Jenkins’ co-defendant, filed 107 pages containing 19 motions on Thursday, asking the federal court to dismiss all charges against his client.

The motion provided arguments that conflicted with a motion Jenkins’ attorneys filed last week.

Jenkins and Krop — who owns The Machine Gun Nest with his wife, Stephanie — were indicted in early April on five counts of conspiring and making false statements to illegally acquire machine guns.

They appeared separately in U.S. District Court in Baltimore in mid-April and both pleaded not guilty.

Last week, both Jenkins’ and Krop's attorneys filed motions on behalf of their clients.

The April indictment alleges that Krop wrote five letters between 2015 and 2022 for Jenkins to sign on Frederick County Sheriff's Office letterhead requesting machine gun demonstrations for potential future purchase by the sheriff's office. Different guns were mentioned in each letter.

The indictment alleges that Krop rented out the machine guns to the public at The Machine Gun Nest, without performing the demonstrations.

Krop was additionally charged with illegal possession of machine guns.

The indictment says The Machine Gun Nest "offered political support to Jenkins in recognition of his support" for the business. It does not specify what the political support was.

Defense attorneys have disputed that, saying there was no evidence of a "quid pro quo" or that Jenkins benefited from the alleged conspiracy.

In a motion asking for the court to separate the trials, Jenkins’ attorneys said he was "at worst, duped" by Krop.

Jenkins was never notified when Krop received the machine guns for demonstration, and there is no evidence that Jenkins "ever laid eyes on the machine guns," his attorneys’ motion said.

However, Cox's motion said Jenkins and "FCSO deputies were informed of arrivals of the machine guns, saw the machine guns, and [Jenkins] could hear and view them both while stationary and/or dry-fired, and, if desired, while being live-fired."

Additionally, the motion says Jenkins showed up at The Machine Gun Nest "on several occasions" to view displays, sales models, demonstrations and videos of demonstrations of the machine guns listed in the indictment.

Paul Kemp and Andrew White, who are attorneys for Jenkins, could not be reached for comment on Monday. Margaret Teahan, another attorney for Jenkins, said she was still reviewing the motion.

Federal law generally prohibits possession, transfer or importation of machine guns imported or manufactured after May 1986.

One exception is for machine guns to be transferred to a licensed dealer if the firearms are used for a demonstration for law enforcement agencies considering buying the machine guns.

To do so, the licensed dealer needs to file an application to obtain the firearm, including a "law letter" that a government entity writes on its letterhead expressing the need for the machine gun, or interest in a demonstration.

The Machine Gun Nest is licensed to deal machine guns.

After a demonstration is complete, the dealer can use the machine gun for lawful purposes, such as renting them to use onsite.

There are no written requirements to do a demonstration, but a licensee should conduct it regardless, Chris Thomas, an attorney who specializes in firearm law with Mark Barnes & Associates in Washington, D.C., previously told the News-Post.

The motion on behalf of Krop also says there is no law that states Jenkins himself had to see the demonstration. Furthermore, there are no guidelines on how a demonstration has to be carried out, the motion says.

The motion argued that Krop hadn't broken the law by renting the machine guns out onsite. The motion says sheriff's office deputies who are members of the shooting range were among those who saw demonstrations of the guns.

A footnote in the motion says a video posted on The Machine Gun Nest's social media accounts showed Jenkins "on [The Machine Gun Nest's] premises during a display and demonstration of said machine guns." The motion does not indicate when and where the video was posted.

The Bureau of Alcohol, Tobacco, Firearms and Explosives agent hadn't informed prosecutors of that video, the footnote says.

An email to Cox on Monday afternoon asking for more information about the video was not returned. A review by the News-Post on Monday afternoon did not find a video of that type on The Machine Gun Nest's social media accounts.

Marcia Lubin, a spokeswoman for the U.S. Attorney's Office, said her office had no comment and would file a response.

Cox, in his motion, brought up emails purportedly from an employee at The Machine Gun Nest discussing if the shooting range could host a political event in support of Jenkins. No event was planned, the motion says, but even if it was, it would have been protected free speech.

Cox moved to dismiss all of the charges against Krop, calling the indictment "defective and unconstitutional," "facially invalid," and "multiplicitous." It asks to suppress evidence, give Krop the identities of potential informants and witnesses, and separate the trials.

His motion alleges that there were no crimes, the investigation was politically motivated and the prosecution misrepresented facts.

Court records show that federal prosecutors have until next week to respond to Cox's motion.

There are no additional court dates set in the case.

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Dan Cox, the attorney for local firearms business owner Robert Krop, filed 107 pages containing 19 motions on Thursday, asking the court to di…

Reporter

Quote:

"After a demonstration is complete, the dealer can use the machine gun for lawful purposes, such as renting them to use onsite.

There are no written requirements to do a demonstration, but a licensee should conduct it regardless, Chris Thomas, an attorney who specializes in firearm law with Mark Barnes & Associates in Washington, D.C., previously told the News-Post.

The motion on behalf of Krop also says there is no law that states Jenkins himself had to see the demonstration. Furthermore, there are no guidelines on how a demonstration has to be carried out, the motion says.

The motion argued that Krop hadn't broken the law by renting the machine guns out onsite."

~~~

That's all new to me. I thought the dealer had to transfer the machine guns to the police dept that had requested them or return them to the mfr.

Also, my understanding was/is that Jenkins absolutely *did* have to personally witness the demo.

The other cases I've read about -- some where LEOs and gun dealers have gone to prison -- seem to confirm that. Perhaps the circumstances were different?

Cox comes from the land educated at Liberty or Bob Jones law school who think that tossing bushel baskets of motions at the Court equates to serious advocacy. It's a what he and his do, make a lot of noise and can never get to the finish line. Krop's an idiot for retaining him, but that's obvious.

Why is this a tiny bit fun? Selling machine guns to American citizens seems such a morally responsible thing to do - shame to watch a snake bite it's own tail.

oooh boy, this is gonna get interesting.

Oh yeah

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