According to a recent press release from the U.S. Attorney’s Office for the Western District of Missouri, two senior citizens – 81-year-old Aubrey Foxworthy and 75-year-old Philip Leroy Rains – were indicted by a federal grand jury for allegedly dealing firearms without a license. Foxworthy, a resident of California, Missouri, is also charged with possessing an unregistered short-barreled rifle. Both indictments stem from investigations led by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and are part of the Department of Justice’s Project Safe Neighborhoods initiative.
Details of the Charges
The press release states that Foxworthy allegedly engaged in firearms sales between June 2023 and September 2024, despite not holding a federal firearms license (FFL). In addition to this charge, he was accused of possessing a rifle with a barrel length under 16 inches, which had not been registered in the National Firearms Registration and Transfer Record – a potential violation of the National Firearms Act (NFA). Rains, from Popular Bluff, Missouri, was similarly charged for unlicensed firearms sales between April 2023 and April 2024.
Potential Penalties
If convicted, both men face up to five years in federal prison and a $250,000 fine for dealing in firearms without a license. Foxworthy’s additional charge – possessing an unregistered NFA item – could land him an extra 10 years in prison and an additional $10,000 fine. The DOJ emphasizes that indictments are only allegations and that the men are presumed innocent until proven guilty.
A Look Inside Foxworthy’s Gun Collection
The most eyebrow-raising element of the Foxworthy case, however, is what happened to his personal firearm collection. As reported by Lee Williams of the Second Amendment Foundation, the ATF wants to confiscate 197 of Foxworthy’s firearms and over 16,000 rounds of ammunition. Many of the seized guns are classic American-made pieces from manufacturers like Ruger, Winchester, Remington, Colt, Browning, and Marlin. Among the collection are a dozen Winchester Model 94 rifles, including one manufactured before 1896 – a historically significant firearm.
Dubious “Machinegun” Classifications
What makes the situation more alarming, according to Williams, is that the ATF listed four firearms as “machineguns,” despite providing no manufacturer, model, or caliber information. Foxworthy was not charged with possessing illegal machineguns, but the listing is still included in the seizure document. Williams noted that “when the ATF can’t identify a firearm, they usually just consider it a machinegun,” a practice that has been widely criticized by gun rights groups for years.
“Profit Motive” and the Biden Rule
The legal hook for these cases appears to be a Biden-era reinterpretation of what it means to be “engaged in the business” of firearms sales. As former Attorney General Merrick Garland declared, if someone sells guns “predominantly to earn a profit,” they must obtain a license and conduct background checks – even if the sales occur at gun shows or flea markets. This redefinition has blurred the line between casual private sales and commercial dealing, putting long-time collectors at legal risk.
Lee Williams: “This Isn’t Justice”
In a strongly worded opinion piece, Williams slammed the ATF for targeting elderly men in rural communities. “Who hasn’t seen an old man at a flea market with a couple guns for sale?” he asked. “It’s classic Americana.” He argued that these indictments represent a gross misuse of federal power, especially when so many big-city criminals walk free with plea deals and reduced charges. “The ATF’s agents are much less likely to be shot or scared if they harass a couple old men,” Williams wrote.
A Case of Regulatory Overreach?
While selling firearms without a license is technically illegal under federal law, many Second Amendment advocates believe the ATF’s enforcement choices are increasingly driven by politics over public safety. Foxworthy’s rifle – potentially flagged over its barrel length – may have been legally configured under older standards or equipped with a pistol brace, a once-legal accessory now mired in legal controversy. In the end, a technicality could result in a decades-long prison sentence.
Where Is the Line Between Collector and Dealer?
The legal gray zone between collecting and selling is at the heart of this debate. For many older Americans, firearms collecting is a lifelong passion, not a business. The shift in federal definitions around what constitutes “intent to profit” means that a few sales could be enough to trigger felony charges – even if no harm was ever intended. Critics argue that the law doesn’t do enough to distinguish between gun show hobbyists and arms traffickers.
Is This How We Make Communities Safer?
The DOJ press release positioned these indictments as part of a larger strategy to reduce gun violence. But critics question whether prosecuting rural seniors helps achieve that goal. As Williams noted, neither Foxworthy nor Rains has been accused of violence, trafficking to gangs, or endangering the public. Their alleged “crimes” revolve around regulatory noncompliance, not criminal intent. “To do anything else,” Williams wrote, “would be the real crime.”
Enforcement Should Target Threats, Not Traditions
There’s something deeply troubling about watching the federal government haul an octogenarian into court over a Model 94 rifle. This isn’t about public safety – it’s about flexing bureaucratic muscle. While firearm laws must be enforced, they should also make sense. There’s a difference between cracking down on dangerous arms dealers and confiscating a collector’s vintage lever-actions. The ATF’s actions in this case don’t inspire confidence – they invite skepticism.
Will Justice Be Served?
As of now, both men await trial. Their future – and their freedom – will be decided by the courts. But the broader message is clear: The gun control debate has reached even the quietest corners of America. From rural Missouri to Washington, D.C., questions about how we regulate firearms, and who gets punished, are more divisive than ever. If these cases are meant to make a statement, let’s hope someone in power is listening – and ready to ask whether we’re targeting the right people.
A former park ranger and wildlife conservationist, Lisa’s passion for survival started with her deep connection to nature. Raised on a small farm in northern Wisconsin, she learned how to grow her own food, raise livestock, and live off the land. Lisa is our dedicated Second Amendment news writer and also focuses on homesteading, natural remedies, and survival strategies. Lisa aims to help others live more sustainably and prepare for the unexpected.