A federal grand jury indicted the owner and operator of the Internet business HK Parts for selling guns without a license and a slew of other crimes in the District of Utah, according to documents released this week by the Department of Justice.
According to Guns.com On Aug. 22, Adam Michael Webber, of Salt Lake City, was charged with one count of dealing firearms without a license, one count of smuggling goods from the United States and six counts of filing false tax returns.
Adam Michael Webber, owner of the Heckler and Koch parts supplier HKparts.net is under investigation by the ATF. After facing penalty in 2007 by the ATF, he filed a legal agreement to not face prosecution if he agreed to not deal firearms nor attempt to attain a Federal Firearms License. His business was unaffected regardless and is now renowned by almost all HK enthusiasts.
As reported by Funker Tactical, On August 22, 2014, a federal grand jury indicted Webber for numerous violations. These included dealing firearms on top of tax evasion and violating export code in regards to firearm parts.
The ATF released the inventory of seized weapons on this PDF. It appears that he was attempting to buy up a large segment of the rare HK P7 gas operated pistol. As you can see on the link, there are hundreds listed.
Since Webber faces criminal charges, neither his attorney nor the Justice Department would comment on details about the case, but Webber’s former attorney, who specializes in self-defense and gun laws, Mitch Vilos, was able to shed light on the legal quagmire.
“Not only does this indictment come from a vague and confusing law, it also arises from a vague agreement forced upon (Webber) under duress,” Vilos said.
According to the indictment, when Webber established the business in 2007 he also signed a stipulated settlement agreement — often used to settle a dispute and simplify or shorten litigation — with the U.S. government in which he agreed to never deal in firearms. However, from 2007 to 2012, the DOJ claims he violated that agreement.
“The ATF pressured him to never be an FFL,” Vilos said and explained that early on in his “part-time parts business,” Webber had legally purchased a machine gun. Some time later a buyer came a long, so Webber tried to sell it through a dealer licensed to transfer the gun, but unintentionally failed to follow the exact clerical steps which put him on the Bureau of Alcohol, Tobacco, Firearms and Explosive’s radar. Agents confronted Webber about the transaction and threatened prosecution. Due to personal and financial issues at the time, he accepted the deal.
Vilos contends Webber started HK Parts by selling parts out of his house as a hobby, eventually transformed it into a business and later expanded with partners who did have a federal firearms license, but Webber never sold guns or acted as an FFL.
“He just simply partnered with people (who could sell guns) and he figured it was ok because the agreement doesn’t say he couldn’t partner — he was helping finance the business,” Vilos said.
Vilos added those partners had gotten high marks by ATF investigators following routine inventory checks required of FFLs.
“Technically I don’t think he’s violated that agreement. I think they’re being very expansive with their interpretation of the law,” Vilos said.
Some speculate that the ATF is going after him for violating the previous agreement (to avoid prosecution) by using 3rd party FFL holders to buy and sell weapons for profit.
Others think it may have to do with price fixing by buying and stockpiling large amounts of HK guns like the gas operated P7 for future profit and market control.
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