BIRMINGHAM, Ala. — A federal indictment has been dropped after a Birmingham man was arrested Monday on firearms charges, U.S. Attorney Prim F. Escalona and the Special Agent in Charge of the Bureau of Alcohol said. Tobacco, Firearms, and Explosives (ATF) Mickey French.

A two-count indictment filed in U.S. District Court Antarius Lanay Mitchell23 years old, in possession of a firearm by a person subject to a court order restraining them from harassing, stalking and threatening an intimate partner (known as a domestic violence protection order, abuse protection or PFA) and providing a false statement on a federal firearms license holder record.

According to the indictment, in October 2021, Mitchell provided fraudulent information on Bureau of Alcohol, Tobacco, Firearms, and Explosives, Firearms Transaction Record Form 4473 that he was not subject to an ATP when, in fact, he was subject to an ATP. The PFA charge against Mitchell stems from her possession of a firearm, while subject to the terms of a PFA order issued in Jefferson County Family Court on August 6, 2020. Under Federal law, a person subject to a AFP order is prohibited. to own firearms. As alleged in the indictment, Mitchell possessed a Steyr Arms 9mm pistol.

The maximum penalty for possession of a firearm under an abuse protection order is 10 years in prison.

The maximum penalty for providing a false statement on the records of federal firearms license holders is 5 years in prison.

ATF investigated the case, along with the Homewood Police Department. Assistant US Attorney Brittney Plyler is pursuing the case.

This case is part of the U.S. Attorney’s Office’s Safe Families Initiative, which was launched in October 2020. Operation Safe Families focuses on addressing domestic violence in the Northern District of Alabama. Each year, offenders with a history of domestic violence commit more than half of all homicides committed in Jefferson County. Through Operation Safe Families, the U.S. Attorney’s Office works with federal, state, and local law enforcement to use federal gun laws to combat domestic violence. Additionally, the Office works with community partners who focus on prevention, education and support for survivors. Operation Safe Families is a partnership between the Bureau of Alcohol, Tobacco, Firearms and Explosives, Birmingham Police Department, Jefferson County Sheriff’s Office, Jefferson County District Attorney’s Office, One Place Family Justice Center, YWCA, and the Hispanic Interest Coalition of Alabama.

This case is also part of Project Safe Neighborhoods (PSN), the centerpiece of the Justice Department’s violent crime reduction efforts. The NSP is an evidence-based program that has been shown to be effective in reducing violent crime. Through the PSN, a wide range of stakeholders work together to identify the most pressing violent crime issues in the community and develop comprehensive solutions to address them. As part of this strategy, the PSN focuses its law enforcement efforts on the most violent offenders and partners with local prevention and rehabilitation programs for a lasting reduction in crime.

An indictment only contains charges. An accused is presumed innocent until proven guilty.

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