NORtHERNDISTRICfOF1'EXAS

UNITED STATES DISTRICT CO RT

.) FILED

NORTHERN DISTRICT OF _ _+---*='"'f"-..:....;FE8.;;;;;.......::2::.....:1~2_0_11

UNITED STATES OF AMERICA

v.
KELVIN LEON MORRISON

I, the undersigned complainant being duly sworn state the following is true and correct to the

best of my knowledge and belief. On or about July 1010, through November 9,2010, in Dallas County,

in the Northern District of Texas, the defendant(s) did,

knowingly make false oral and written statements in connection with the acquisition of
firearms and he dealt in firearms without a license,

in violation of Title II United States Code, Section(s) 922(a)(6) and (a)(l)

I further state that lam a Special Agent of the AlcohoL Tobacco and Firearms (ATF) hat this

complaint is based on the following facts:

See attached Affidavit of Special Agent' ,is incorporated and made a part hereof by
reference.

Continued on the attached sheet and made a part hereof: XX Yes No

Sworn to before me and subscribed in my presence, on this 27th day of February, 2011, at
Dallas, Texas. ~ r: S-y. 10- ~

IRMA C. RAMIREZ
\

UNITED STATES MAGISTRATE JUDGE

Name & Title of Judicial Officer

\
 AFFIDAVIT

BEFORE ME, the undersigned authority, on this date personally appeared Special Agent
who being duly sworn upon his oath, testified as follows:

Your affiant, is a Special Agent with the Bureau of Alcohol, Tobacco, Firearms
and Explosives (ATF). Your affiant has been employed with the ATF since November of 2000,
and is currently in good standing with said Agency. Your affiant has attended formal training at
the ATF National Academy about firearms related investigation, to include but not limited to, the
issuance and execution of search warrants, utilization of cooperating individuals, firearms
identification and firearms trafficking.

Affiant knows that it is a violation of:

• Title 18 United States Code, Section 922(a)(6) for a person to make a false oral or written
statement in connection with the acquisition of a firearm.

• Title 18 United States Code, Section 922(a)(I) for a person to deal in firearms without a
license.

This affidavit for an arrest warrant via complaint is based upon Affiant's personal knowledge
and conversations with other law enforcement officers and is based upon the following
information:

FACTS IN SUPPORT OF PROBABLE CAUSE

On November 8, 2010, an ATF Confidential Informant (CI) set up a meeting to acquire

several firearms which would transported to the US/Mexico border and, ultimately, to
Mexico. On the following date, November 9,2010, the CI met with two (2) Hispanic males
in a predetermined location. During this meeting the two suspects unloaded several large
bags containing firearms from their vehicle - a 1998 Ford Explorer - to the CI's vehicle.
During this meeting, the suspects made several statements to the CI indicating that they
knew that the firearms would be trafficked to the border.

Law enforcement officers conducted surveillance on the suspects. During this surveillance,
the suspects' residence was identified as 255 East Colonial, Lancaster, Texas. While
conducting surveillance, officers observed the two suspects met with a black male, who
en~ered the suspects' vehicle. A traffic stop was conducted on the vehicle and the three
occupants were identified as Ranferi OSORIO and Otilio OSORIO, both Hispanic males, and
Kelvin Leon MORRISON, a black male. It was later determined that MORRISON resides at
261 East Colonial, next door to the OSORIO residence.

On this same date, ATF Agents in Laredo, Texas, arranged to have the ATF CI's vehicle
stopped near the border. The CI's vehicle was searched and forty firearms were discovered in
the bags which officers had previously observed being loaded into the CI's vehicle. It should
be noted that the CI was under constant surveillance after the meeting in which the CI
received the firearms. All of these firearms were found to have obliterated serial numbers.

Serial numbers on several of these firearms were raised and traces were initiated. Trace
results indicated that three of these firearms traced back to Kelvin MORRISON: specifically,
a Romarm, model Draco, 7.62 caliber pistol, serial number 1986BF1710, a Romarm, model
Draco, 7.62 caliber pistol, serial number 1968BI4031 and a Romarm, model WASR, 7.62
caliber rifle, serial number 1983-AH2039. Trace results indicate that all of these firearms
w~re purchased by MORRISON from federal firearms licensees in the DallaslFt.Worth area
on November 4,2010.

On February 1, 2011, Affiant reviewed intelligence information from the ATF National
Firearms Tracing Center as well as the ATF Dallas Field Division Intelligence Group
pertaining to firearms acquired by MORRISON. This intelligence revealed the following
information:

1. On July 10, 2010, MORRISON, purchased four (4) Romarm, 7.62

caliber rifles from The Gun Zone, a federal firearms licensee.

2. On July 30, 2010, MORRISON purchased two (2) Romarm 7.62 caliber
rifles from The Gun Zone, a federal firearms licensee.

3. On August 9, 2010, MORRISON purchased two (2) Romarm 7.62

caliber pistols from B&S Guns, a federal firearms licensee.

4. On August 11, 2010, MORRISON purchased two (2) Kel-Tec, .223

caliber pistols from The Gun Zone, a federal firearms licensee.

5. On August 13, 2010, MORRISON purchased three (3) Romarm, 7.62.

caliber pistols from The Gun Zone, a federal firearms licensee.

6. On August 14, 2010, MORRISON purchased two (2) Romarm, 7.62

caliber pistols from Southwest Ammo, a federal firearms licensee.
 7. On September 2, 2010, MORRISON purchased six (6) Romarm, 7.62
caliber rifles from CYA Inc, a federal firearms licensee.

8. On November 4, 2010, MORRISON purchased two (2) Romarm, 7.62

caliber pistols from Military Gun Supply, a federal firearms licensee.

9. On November 4, 2010, MORRISON purchased one (1) Romarm, 7.62

caliber rifle from Bachman Pawn, a federal firearms licensee.

Affiant also received information indicating that on August 7, 2010, a Romarm, model WASR,
7.62 caliber rifle was discovered by law enforcement officers in LaPryor, Texas (near the
Mexican border). Trace results indicate that this firearm was purchased by MORRISON from a
federal firearms licensee on July 30, 2010.

Affiant has obtained copies of each applicable ATF Form 4473 completed by MORRISON
during the purchase of the above described firearms. Affiant observed that on each of these
respective forms, MORRISON answered "Yes" to question "lla". This question reads, "Are
you the actual transfereelbuyer of the firearm(s) listed on this form? Warning, You are not
I

the actual buyer if you are acquiring the firearm(s) on behalf of another person. If you are
not the actual buyer, the dealer cannot transfer the firearm(s) to you,"

Affiant further observed that MORRISON signed each respective form on line "16" indicating,
under penalty oflaw, that each of his answers were true and correct.
@<On Februart~~c>2011, Affiant traveled to 261 East Colonial, Lancaster, Texas, in attempts to
interview MORRISON. Upon arrival, Affiant noticed that MORRISON was in the backyard of
255 East Colonial with several other black and Hispanic male subjects. Affiant observed that one
of the Hispanic males matched the description of Otilio OSORIO. Affiant observed the Red Ford
~Explorer driven by Otilio and Ranferi OSORIO on November 9, 2010, in the driveway on
W Februar/l~Oll. Affiant subsequently made contact with MORRISON and conducted an
interview inside his residence. .

MORRISON advised that he had purchased at least twenty firearms from a period beginning in
July 2010 continuing through November 2010. MORRISON advised that the first transaction
occurred in early July (2010). MORRISON advised that on this occasion he was approached by
an unknown Hispanic male at a gun show. This individual asked MORRISON if he wanted to
purchase some firearms and make "A little extra money." MORRISON advised that he was
given.(nine hundred dollars ($900) by this individual and told to purchase two AKA7 rifles.
MORRISON advised that he subsequently purchased two 7.62x39 rifles and gave them to the
unknown Hispanic male in the parking lot of the gun show. MORRISON advised that when he
purchased these firearms, he completed an ATF Form 4473, an answered "yes" to question 11a,
indicating that he was the actual purchaser.

MORRISON advised he made numerous straw purchase transactions at subsequent gun shows in
this same manner. MORRISON advised that on these occasions, he would be approached by an
unknown Hispanic male and told how many and which firearms to purchase. MORRISON then
would be given money to purchase these firearms. MORRISON advised that he was typically
given about four hundred and fifty dollars for each firearm to be purchased. MORRISON stated
that he typically paid about four hundred dollars per firearm and would keep any "left over
money" for profit. MORRISON advised that during each of these transactions, he completed an
ATF Form 4473 and answered "Yes" to question 11 (a), indicating that he was the actual
purchaser of the firearm. MORRISON advised that after purchasing these firearms, he would
then transfer said firearms to the Hispanic males (from whom he obtained the funds for the
firearms) in the gun show parking lot.

MORRISON admitted that he was not the actual purchaser during any of these transactions and
that he did falsify the ATF Forms 4473. MORRISON refused to admit the identity of the person
for whom he was purchasing these firearms.

Furthermore, MORRISON advised that he conducted these transactions in order to make a profit.
MORRISON advised that he does not have a federal firearms license andhas never applied for a
federal firearms license.

It has been determined that none of the above-mentioned firearms were manufactured in the
State of Texas and affect interstate commerce.

Based upon this information, Affiant believes that MORR2lS0N h~yi6fated the above
mentioned Federal offenses

SPECIAL AGENT, ATF

Sworn to and subscribed before me this;rl ~ of February, 2011

~~~~~~/~
UNITED STATES MAGISTRATE JUDGE