NEWARK, N.J. – David Lutter, 69, of Verona was sentenced to 22 months in prison on Friday for possessing three guns as a previously convicted felon, including a replica Thompson submachine gun that he modified into a working automatic firearm.
Lutter plead guilty in July before U.S. District Judge Esther Salas to an indictment charging him with one count of possessing three firearms as a previously convicted felon. Lutter was convicted of sexual assault of a minor in 1993.
According to court documents, Lutter met with an undercover agent from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF-E) in January 2017 and negotiated the sale of a functioning Thompson submachine gun. The gun had originally been a replica, but Lutter had modified it with real gun parts to convert it into a functioning automatic firearm, which, according to Lutter, could fire 20 to 25 bullets per second. Lutter had also equipped it with what he called a “rock-and-roll switch,” which could toggle between semi-automatic and automatic mode.
Lutter sold the undercover agent the submachine gun, a .32-caliber revolver, and 100 rounds of ammunition for $525. In May 2017, Lutter sold the undercover agent a .45-caliber semi-automatic pistol, bullets, and gun parts for $500. When Lutter was arrested in June 2017, law enforcement searched a storage facility he rented and recovered several hundred additional bullets and firearm parts. All three firearms and the recovered ammunition are in the possession of law enforcement.
At no time was Lutter licensed to sell firearms and was prohibited from possessing them due to his 1993 conviction. In addition to the prison term, Judge Salas sentenced Lutter to two years of supervised release.
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