Verona Man Sold Undercover ATF Agent Guns, Ammo: Prosecutor

VERONA, NJ — A Verona man faces up to 10 years in jail for selling an undercover ATF agent three, illegally-owned guns, federal prosecutors announced Monday.

David Lutter, 69, now faces up to 10 years in jail, the U.S. Attorney’s Office stated.

On Monday, Lutter – who was convicted 25 years ago for sexual assault of a minor – admitted that he sold three guns to an ATF agent, including a replica Thompson submachine gun that he modified into a working automatic firearm, U.S. Attorney Craig Carpenito said.

Lutter, 69, pleaded guilty before U.S. District Judge Esther Salas in Newark federal court to an indictment charging him with one count of possessing three firearms as a previously convicted felon.

According to documents and statements, in January 2017, Lutter met with an undercover agent from the Bureau of Alcohol, Tobacco, and Firearms (ATF) and negotiated the sale of a functioning Thompson submachine gun. The gun was originally a replica, but Lutter 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, prosecutors said.

Lutter also equipped it with what he called a “rock-and-roll switch,” which could toggle between semi-automatic and automatic modes, prosecutors said.

Lutter sold the undercover agent the submachine gun, a .32-caliber revolver, and 100 rounds of ammunition for $525. A few months later, 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, prosecutors said.

At no time was Lutter licensed to sell firearms. He was prohibited from possessing them due to his 1993 felony conviction for sexual assault of a minor, prosecutors said.

The illegal firearms possession count carries a maximum potential penalty of 10 years in prison and a $250,000 fine. Sentencing is scheduled for Oct. 30, 2018.

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