Hi all,
This story is being splashed all over the place but the script is all the same. The facts as presented don't make sense. Are there cannon regulations that I don't know yet? The article says that it is a 1.25 inch cannon that can shoot a soda can (Measurements don't match) and that it was an unregistered DD. The articles are typically fact free and are just dramatic but this guy got two years for his red white and blue cannon. Anyone have any real facts behind this case? I know the ATF is really beginning to get all excited about their new found freedom to harass the law abiding but this seems like critical information is missing here.
Ken
The standard article - cut and pasted:
A 63-year-old Garfield man will spend two years in federal prison after constructing a working red, white and blue cannon in his garage.
Kent W. Kimberling has been in custody of the Spokane County Jail since January 2020. In August 2019, investigators with the Bureau of Alcohol, Tobacco & Firearms discovered the unregistered destructive device in the home he shares with his mother.
Kimberling pleaded guilty in March to a single felony criminal count of possession of an unregistered destructive device. He had been facing a maximum 10-year prison sentence, and his sentencing hearing before U.S. District Court Judge William Fremming Nielsen was held in a closed courtroom Tuesday morning at the request of his defense attorney.
Investigators went to Kimberling’s home to conduct a welfare check. They found the cannon, which was later tested by federal agents and found to be operational. It fired a soda can, “leaving a large hole in the center of (a) target,” according to court records.
The bore of the cannon was measured to be 1¼ inches, greater than the ½ -inch bore permissible under federal law. Two other cannons were discovered, smaller than are prohibited by federal law.
In an interview with agents, Kimberling said he believed construction of the device was legal. Investigators also said Kimberling told them “numerous times that he believed the police and police chief were out to get him and that the Town of Garfield is corrupt.”
Kimberling’s defense argued that the 63-year-old is in poor health and cannot receive treatment while incarcerated at the jail. He also argued that he is the sole caretaker for his widowed mother in Garfield.
Kimberling also disputed there was any threat made to public officials.
The sentence includes a three-year period of supervised release after incarceration. Kimberling’s attorney did not immediately respond to a request for comment on whether the months he’s spent in county jail would count toward his time in federal custody.
Kimberling was listed in custody of the Spokane County Jail on Tuesday afternoon.
