Case 3:18-cr-02460-BAS Document 1 Filed 04/19/18 PageID.1 Page 1 of 4 ·~-~~·},''-".~·-- ·~·· ··.···· ··--., r-····---·-··--~-.,---1 UNITED STATES DISTRICT CO RT/ 1 SOUifl'·-· ..,. . B UNITED STATES OF AMERICA, 6 Magistrate Y 1: -VS .. ·' ·' '~'")~·:A . ;:::'.. '.,';·1 COMPLAINT FOR VIOLATION Title 18, U.S.C. § 922(a)(3) - CHAD CLAY KIPPER, Unlicensed Transportation of Firearms (Felony) Defendant. 18MJ1869 8 10 The undersigned Complainant, being duly sworn, states: Beginning on a date unknown but at least as early as September 4, 2016, and 11 continuing up to and including November 16, 2016, within the Southern District of 12 California, Chad Clay KIPPER, a person not having a valid Federal Firearm License, 13 did knowingly purchase in the State of Arizona and then intentionally transport into 14 the State of California, a firearm, to wit: a Glock, Model 43, 9mm caliber, semi- 15 automatic pistol, bearing serial number BCMB280; a Sig Sauer, Model MCX, 16 5.56/.223 caliber, semi-automatic pistol, bearing serial number 63F000220; and a Sig 17 Sauer, Model MPX-P-9, 9mm caliber, semi-automatic pistol, bearing serial number 18 62B009920; in violation of 18, United States Code, Section 922 (a) (3). 19 20 21 22 And the complainant states that this complaint is based on the attached Statement of Facts incorporated herein by reference. :a?J~ Yolanda Rivera Special Agent, A TF 23 24 25 26 27 Sworn to me and subscribed in my presence this ~f April, 2018. Ho&ii.ND~;;~~~;;~~~;;_~ >°"" UNITED STATES MAGISTRATE JUDGE 1 28 c \:)". \ \'~ "9.....>·J.._ I V. 7 9 ,~\I'•,:·""· Plaintiff, 4 5 / ! I SOUTHERN DISTRICT OF CALIF RNU~~-~---~·.:···-~··1 . 2 3 APR 192018 I ' Case 3:18-cr-02460-BAS Document 1 Filed 04/19/18 PageID.2 Page 2 of 4 STATEMENT OF FACTS 1 2 In January 2018, the Bureau of Alcohol Tobacco Firearms and Explosives 3 ("A TF") became aware of a private firing range in San Diego where individuals were 4 reportedly firing fully automatic firearms in close proximity to a nearby 5 neighborhood/community. A subsequent investigation revealed that Chad Clay 6 KIPPER was listed with the California Secretary of State as the Chief Executive 7 Officer of the non-profit organization that owns the firing range. 8 9 10 11 12 13 A records check of the ATP National Firearms Act registration for KIPPER returned no results, meaning that KIPPER had not registered any weapons pursuant to 26 U.S.C. § 5845. As such, KIPPER is not allowed to possess firearms or devices defined by that statute, including any fully automatic weapons. Additional analysis of KIPPER's firearms transaction records revealed that he had previously purchased firearms in Arizona and had quickly resold them for a profit in California. Three 14 examples are listed below: 15 16 On September 4, 2016, KIPPER purchased a Glock, Model 43, 9mm caliber, 17 semi-automatic pistol, bearing serial number BCMB280 ("Firearm #1") at Federal 18 Firearm Licensee ("FPL") for $459.00 at Jones & Jones in Yuma, AZ. On September 19 18, 2016, KIPPER listed Firearm #1 for sale online for $750.00 on Calguns.net. On 20 September 25, 2016, a third party transfer transaction was conducted at FPL Gunther 21 Guns in Carlsbad, CA. As part of the transfer, KIPPER sold Firearm # 1 to another 22 individual in California for a profit of $291.00. 23 On October 7, 2016, KIPPER purchased a Sig Sauer, Model MCX, 5 .56/.223 24 caliber, semi-automatic pistol, bearing serial number 63F000220 ("Firearm #2") for 25 26 $1,776.00 online at Gunbroker.com. KIPPER requested that Firearm #2 be sent to FPL Jones & Jones in Yuma, AZ. KIPPER picked up Firearm #2 from the FPL on 27 2 28 Case 3:18-cr-02460-BAS Document 1 Filed 04/19/18 PageID.3 Page 3 of 4 November 5, 2016. On November 11, 2016, KIPPER listed for sale Firearm #2 1 online for $2,750.00 on Calguns.net. On November 15, 2016, a third party transfer 2 transaction was conducted at FFL Poway Weapons & Gun Range in Poway, CA. As 3 part of the transfer, KIPPER sold Firearm #2 to an individual for a profit of$974.00. 4 5 6 7 8 9 10 11 On November 7, 2015, KIPPER purchased a Sig Sauer, Model MPX-P-9, 9mm caliber, semi-automatic pistol, bearing serial number 62B009920 ("Firearm #3") for $1,269.00 at FFL Jones & Jones in Yuma, AZ. On November 16, 2016, KIPPER listed for sale Firearm #3 online for $2,000.00 on Calguns.net. On November 19, 2016, a third party transfer transaction was conducted at FFL Gunther Guns in Carlsbad, CA. As part of the transfer, KIPPER resold Firearm #3 to another individual for a profit of $731.00. 12 On January 24, 2018, a query of California Department of Motor Vehicle 13 (DMV) records revealed that KIPPER has a CA driver's license, number D 1310526, 14 and listed 3025 Cadencia Street, Carlsbad, California 92009 as his current residence. 15 16 17 18 19 On February 15, 2018, ATF received from Phoenix Field Office, a copy of an Arizona Department of Motor Vehicle Driver's License record of KIPPER. KIPPER has an Arizona driver's license which lists 268 S Big Springs Road, Williams, AZ 86046, as his address. A TF Flagstaff Satellite Office visited the listed address and 20 encountered an empty lot with no residence on the property. A subsequent query, 21 revealed Robert Kipper and Harriet Kipper (KIPPER's parents) are listed as the 22 registered owners of the property in Williams, AZ. 23 On March 7, 2018, A TF received via email from FFL Jones & Jones in Yuma, 24 AZ, copies of the A TF Form 44 73 for all firearm purchases and transactions 25 conducted at Jones & Jones by KIPPER. A TF Form 44 73 is a standard form used 26 during firearms purchases. It includes a series of questions that are relevant to each 27 3 28 Case 3:18-cr-02460-BAS Document 1 Filed 04/19/18 PageID.4 Page 4 of 4 individual's eligibility to purchase a firearm. A review of the A TF Form 44 73 's 1 related to KIPPER revealed that he had purchased or completed a total of eleven ( 11) 2 firearm transactions at Jones & Jones in Arizona during the year 2016. All 11 3 firearms were either purchased and/or picked up at Jones & Jones in Arizona. 4 5 6 7 8 9 10 KIPPER had indicated on each of the ATF Form 4473's that his State of residence was Arizona. Specifically, he listed 809 W Riordan Road, Suite 100, Flagstaff, AZ 86001, as his current residence at the time the transactions took place in 2016. A subsequent query of the listed address revealed the address to be a business location for Mail Box Plus and not a residence. ATF form 44 73 clearly states that the address cannot be a post office box. 11 On March 13, 2018, ATF received from Arizona Department of Economic 12 Security, Office of Special Investigations, results of employment query for KIPPER. 13 The inquiry produced negative results, indicating that KIPPER has not worked in the 14 State of Arizona for the past three (3) years. 15 16 17 18 On April 18, 2018, a United States Magistrate Judge signed a search warrant authorizing the search ofKIPPER's Carlsbad residence, his vehicle, and his person. See 18-MJ-1844. On April 19, 2018, the warrant was executed. Approximately 20 19 firearms were seized from KIPPER that were not registered to him in California's 20 Automated Firearms System (AFS). Post-Miranda, KIPPER admitted- among other 21 things - that he was living in California during 2016. He also consistently denied 22 wrongdoing. Of note, however, after agreeing to unlock his phone for A TF agents, 23 KIPPER quickly deleted the Facebook application from his cell phone. 24 25 26 Record checks confirmed that KIPPER does not have a Federal Firearms License that would allow him to purchase firearms outside his state of residency and then transport those same firearms into his actual state of residency. 27 4 28 Case 3:18-cr-02460-BAS Document 1-1 Filed 04/19/18 PageID.5 Page 1 of 1 DEFENDANT LOCATOR FORM Name of Defendant: Kipper, Chad Clay DOB: 2_:4...... 1 ...... P....... m_ _ __ Time of Arrest:--=1...... Date of Arrest: April 19, 2018 Arresting Agent/Agency: ATF - Special Agent Yolanda Rivera Immigration Status: USCXXX MEX_ LPR_ _ BCC_ _ OTHER"-- MCC Information 4/