(Adair) The U.S. Court of Appeals for the Eighth Circuit has partially overturned the conviction of former Adair Police Chief and firearms dealer Brad Wendt while upholding the rest of his convictions and sentence.
Wendt was convicted in federal court of nine counts of making false statements, conspiracy to make false statements and defraud the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and illegal possession of a machine gun. Prosecutors said Wendt used his position as police chief to write “law letters” allowing machine guns to be transferred to the Adair Police Department or demonstrated for potential purchase, when in reality he obtained the weapons for resale through his business, BW Outfitters.
Evidence presented at trial showed Wendt requested around 90 machine guns between 2018 and 2022 and made nearly $80,000 in profit from the resale of some weapons registered to the Adair Police Department.
In its ruling filed this week, the appeals court upheld Wendt’s convictions for false statements and conspiracy but vacated his conviction for illegal possession of a machine gun. The court determined the federal law governing machine gun possession by government officials was unconstitutionally vague as applied to Wendt because the weapon involved was registered to the Adair Police Department and he was serving as police chief at the time.
Despite reversing that conviction, the court allowed Wendt’s 60-month federal prison sentence, $50,000 fine, and firearm forfeiture order to stand because the remaining convictions support the same sentence.
You can read the full report here: https://ecf.ca8.uscourts.gov/opndir/26/03/242458P.pdf
