Auburn Police and Federal Agents executed a federal arrest warrant on June 26th. Jason Lee Smith was arrested by Auburn Police the following day. Smith has now been indicted on two counts of firearms-related charges in federal court.
Count 1 is felon in possession of ammunition. Count 2 is felon in possession of a firearm. In 2006 Lee was previously convicted of Possession of Methamphetamine with Intent to Distribute and Felon in Possession of a Firearm in the United States District Court for the Western District of Washington (Tacoma).
According to charging documents, Smith was in possession of the following ammunition, “multiple rounds of Federal .38 caliber Special, Winchester .38 caliber Special, Remington .223, FC 7.62 x 39, Winchester 9mm Luger, CBC .45 automatic, Remington .22 caliber, and Fiocchi .22 caliber.”
Smith’s charging documents state he was in possession of the following firearms, all of which “had been shipped and transported in interstate and foreign commerce.” A “Mossberg 500A 12-gauge shotgun; F- Firearms BDR-15-3G rifle; F.LE. Corporation E-15, .22 caliber revolver; Colt Combat Commander .45 caliber pistol; Colt 1911 pistol; and Caspian Arms pistol.”
Affecting Interstate and Foreign Commerce
Part of the charging documents indicates Smith did “knowingly possess in and affecting interstate and foreign commerce” both the ammunition and the firearms. According to the United States Department of Justice Criminal Resource Manual 2101-2199, “Interstate Commerce means commerce or travel between the states, territories, and possessions of the United States. Foreign commerce means commerce or travel between any part of the United States and any place outside the United States. Commerce includes among other things: travel; trade; transportation and communication.”
The resource manual goes on to explain that “it is not necessary for the government to show that the defendant actually intended or anticipated an affect on interstate or foreign commerce. All that is necessary is that the government prove that the defendant’s actions affected interstate or foreign commerce no matter how minimal.”
Smith was arraigned October 3, 2019, in Seattle. He was advised of both the charges and penalties. With his counsel present, Smith plead “not guilty” to all charges. Smith’s trial is set for December 2, 2019. He is remanded to custody at this time.