Salinas Man Charged With Illegally Possessing A Firearm Silencer Located In His Storage Locker | USAO-NDCA

SAN JOSE – Rufino Costales Jr. made his initial appearance today after being charged in a criminal complaint alleging he possessed an unregistered firearm silencer, announced United States Attorney David L. Anderson and Bureau of Alcohol, Tobacco, Firearms, and Explosives Special Agent in Charge Patrick Gorman. 

An affidavit filed by an agent of the Bureau of Alcohol, Tobacco, Firearms, and Explosives in connection with the criminal complaint alleges that Costales, 45, of Salinas, claimed to own firearms and to manufacture firearm silencers, also known as sound suppressors.  The complaint further alleges Costales made a series of threats to the safety of law enforcement officers and other people.  Costales threatened to use self-manufactured weapons, including an explosive device. 

Law enforcement officers discovered the silencer in a storage unit rented to Costales.   The silencer bore no manufacturer mark nor any serial number and was not registered as required by law. 

Costales was arrested on October 30, 2020, and had his initial appearance in federal court in San Jose this morning.  His next scheduled appearance is at 10:30 a.m. on Thursday, November 5, 2020, for a detention hearing before U.S. Magistrate Judge Virginia K. DeMarchi.

Costales is charged with possession of an unregistered firearm silencer, in violation of 26 U.S.C. § 5861(d).  If convicted of the offense charged in the complaint, he faces a maximum sentence of 10 years and a fine of $250,000.  However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553. 

The charges contained in the criminal complaint are mere allegations.  As in any criminal case, the defendants are presumed innocent unless and until proven guilty in a court of law.

Assistant U.S. Attorney Patrick R. Delahunty is prosecuting the case with the assistance of Susan Kreider.  The prosecution is the result of an investigation by Bureau of Alcohol, Tobacco, Firearms, and Explosives.

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