BOISE – A federal grand jury in Boise returned an indictment on November 13, 2024, charging Luke James Estep, 27, of Boise, with dealing firearms without a license, U.S. Attorney Josh Hurwit announced today.
The two-count indictment alleges that in October 2024, Estep, who is not a licensed firearms dealer, was selling firearms. If convicted, he faces a maximum of five years in federal prison and up to a $250,000 fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Estep was arrested on November 14 and booked with the Ada County Jail. Estep appeared on Monday before U.S. Magistrate Judge Debora K. Grasham and entered a plea of not guilty. A jury trial is scheduled for January 6, 2025, at the federal courthouse in Boise, before Senior U.S. District Judge B. Lynn Winmill.
It is not clear if he was charged under the old definition of "dealing firearms without a license" or the new broader definition included in the Bipartisan Safer Communities Act, but either way would likely fail the Bruen standard. The only laws regulating firearms sales from the Framing Era are race-based (sales to Indians and blacks). There are antebellum state laws regulating sales, often to minors, but how these apply to the "why" part of the Bruen standard is unclear.
Even an interstate commerce clause regulatory basis would likely not fit, unless he was buying or selling across state lines.
Let me be clear: there are people engaged in unlicensed sales that are likely selling to people that would never pass a backgroujnd check. If I were a gun show, I would insist that anyone selling posr-1898 guns provide evidence of licensure.
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