Joseph Holmes
A Foster City man arrested over the summer for possessing illegal machine guns has been indicted by federal authorities.
Joseph Holmes, 41, was booked into San Mateo County Jail July 25 on $750,000 bail after police raided his home in June and confiscated multiple machine guns, a grenade/flare launcher, an unregistered silencer and more than 1,000 rounds of ammunition.
The San Mateo County District Attorney’s Office charged Holmes with 18 felonies and then dropped those charges on Oct. 15 when Holmes’ case was transferred to federal authorities. He was released from federal custody Oct. 17 on a $100,000 signature bond.
The U.S. Attorney’s Office charged Holmes with one count of possession of machine guns and two counts of possession of an unregistered silencer, according to a complaint dated Oct. 8. That brings a maximum prison sentence of 10 years with as many as three years of supervised release and a maximum fine of $250,000.
According to the U.S. Attorney’s Office complaint, Holmes was in possession of “machine guns, namely four full automatic conversion switches for a Glock-style firearm” and a silencer “consisting of multiple baffles attached to a Palmetto State Armory, Turkeyday, 5.56x45 mm caliber firearm with marking ‘GOBBLE0577.’”
The complaint does not mention the grenade/flare launcher, which is only capable of launching flares and is actually legal in California, according to Ken Wine, Holmes’ attorney.
Wine said he wasn’t surprised the case was picked up by federal authorities and is confident his client will not be severely punished.
“I actually think the Feds will be fair. The federal government has always respected the Second Amendment rights of its citizens and we hope it continues to do so,” he said.
Wine reiterated that Holmes is a family man and gun collector and blamed his arrest on “exceedingly complicated gun laws,” adding that Holmes purchased the weapons online.
“The federal government has banned machine guns and parts that can make machine guns for years,” he said, “but the question is why are they for sale online to average citizen and should they be?”
Note to readers: They story previously reported that Holmes is in custody, but he was actually released from federal custody Oct. 17 on a $100,000 signature bond.
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(1) comment
As a “gun collector” (and family man) wouldn't you think Holmes would be well versed on state and federal gun laws, unlike the ... “average citizen.” His lawyer's statement, “Why are they for sale online to average citizen and should they be?” is exceeding naive ( a typical lawyer tactic to place the blame on someone or something else other then their client). As most “average citizens” know, you can find and buy literally anything on the Internet. Holmes, the “gun collector” obviously knew where to look.
As for his lawyer, a quote from Carl Sandburg, “ If the facts are against you, argue the law. If the law is against you argue the facts. If both the law and the facts are against you, pound the table and yell like he*l.”
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