Convicted for unlawful possession of 4 firearms in Windsor County

BURLINGTON – An illegal immigrant living in Ludlow has been sentenced to 9 months in federal prison for unauthorized possession of four firearms and ammunition while unlawfully in the United States.

Gabriel Lopes Da Silva Santos, 28, who is from Brazil, had pleaded guilty in July to the unlawful possession of the four firearms, including an AR-15 style rifle, as an illegal immigrant in Vermont in April, federal court records show.

He also was in illegal possession of a Sig Sauer 9-mm pistol, a Ruger American .270 caliber rifle and an Aytech Arms Tactical 12-gauge shotgun, along with assorted ammunition, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The felony charge stems from a raid at the Black River Overlook Apartment Complex in Ludlow on April 16, U.S. District Court records show.

During the raid by the ATF, assisted by Ludlow Police, Da Silva Santos freely admitted he was in the United States illegally, records show.

As part of the plea deal, Da Silva Santos agreed to forfeit the four firearms and the assorted ammunition seized during the raid at Rublee Lane.

The ATF said its investigation revealed Da Silva Santos also had tried to purchase a .270 bolt-action rifle from Runnings Supply in Claremont, N.H. on Nov. 13, 2023.  The sale did not go through when it was determined he was in the country illegally, records show.

Ludlow Police also reported that they had responded to his residence on June 9, 2024 for a shooting complaint filed by his neighbor.

The U.S. Attorney’s Office asked for a 12-month prison sentence.  Special Assistant U.S. Attorney Charles W. Kirkham said the sentence needed to provide deterrence for other potential similar defendants.

Defense lawyer Brooks McArthur argued for a time served sentence, which would have been about six months.  He maintained the guns were not for any crime or drugs, but rather target shooting with his brother-in-law.

He noted that Da Silva Santos is facing deportation by Immigration and Customs Enforcement (ICE) when he completes any prison term.

Chief Federal Judge Christina Reiss met the two sides in the middle and ordered a 9-month sentence.

The federal sentencing guidelines, which are advisory, had suggested a penalty somewhere between 12 and 18 months.  

Reiss did not impose the traditional supervised release period by U.S. Probation after a prison term because he will be deported.

Reiss said she had trouble with his credibility.  She said she questioned the claims made by Da Silva Santos that he did not understand questions on the purchase form while trying to buy the firearm in Claremont, N.H. 

He checked the “no box” when asked if he was an alien illegally or unlawfully in the United States, records show.

Santos also left blank two boxes that said U.S. citizens/nationals could leave blank for two questions, the ATF said.

Da Silva Santos had no known criminal record in the United States except for a mutual affray fight that went to the Court Diversion program, officials said.

Authorities had said in April when Da Silva Santos was arrested on the gun charge that he was an international fugitive from his home country.  There was a pending warrant for “Rape of a Vulnerable Person” in a family and juvenile court, federal court records showed.

McArthur said during the sentencing that investigation revealed Brazil apparently held a trial without Da Silva Santos attending and convicted him.

McArthur said it was somewhat typical of Brazilian Police to enter homes and demand payments or threaten a family member with arrest on bogus criminal charges.  He said that is what apparently happened to Da Silva Santos.

Reiss said she would not consider the Brazil case.  She said it appeared the court in Brazil had imposed a financial penalty for the rape conviction.

McArthur said his client denies any involvement in any sexual assault.

The April raid followed ATF cross-checking a series of other incidents involving Santos, including his attempt in 2023 to illegally purchase the rifle in Claremont, N.H., court records show.

The store denied Santos the rifle when the National Instant Criminal Background Check System showed he was an illegal alien, court records show.

The records gave no indication of any follow-up by New Hampshire police about him being in the country illegally.

One of the four seized firearms is the same make and model that Santos had unsuccessfully tried to buy at the Claremont, N.H. store, records show.

Da Silva Santos arrived on a six-month visa in March 16, 2020 at John F. Kennedy International Airport in New York City and was expected to leave in September 2020, court records show.

There is no record he ever returned to Brazil and it appears he turned it into a five-year stay in the U.S.

Da Silva Santos ended up living in Ludlow with his fiancée, Alexis Curry, and their daughter, while he operated his own car detailing business, records show.

Curry attended the sentencing, and McArthur said his client is investigating moving his family to another country.

The ATF said Ludlow Police also found the semiautomatic rifle in June 2024 when they responded to the complaint by a neighbor about shots fired behind the apartment complex at Rublee Lane.

Law enforcement found Santos along with others having a barbecue and he claimed ownership of the AR-15 style rifle, the ATF said. They said Santos also surrendered a shotgun that had been fired at the scene.

Ludlow Police seized the two guns, two magazines for firearms and 15 rounds of .556-caliber ammunition, records show.

Ludlow Police said in April no state charges were filed, and Santos was allowed to retrieve his seized property the following day. Santos told police he had bought the two firearms from a friend, court records note.

The state of Vermont has adopted a policy that blocks police from inquiring about immigration status even when there is a possible or apparent violation committed by an alien.

The criminal investigation also revealed Santos had posted a “trophy photo” on Facebook showing him with a dead deer and possessing the AR-15 rifle on his lap on Nov. 18, 2024, the ATF said. He exchanged comments about the type of gun with another poster on Facebook.

Vermont Fish and Wildlife records also show Santos claimed he lived at Rublee Lane in Ludlow when he applied for his hunting license in October 2024. He also used that address when he filed his harvesting report at Singleton’s Store in Proctorsville that he used a rifle to shoot the 104-pound deer, records show.

The criminal case is part of Operation Take Back America a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), the U.S. Attorney’s office in Vermont said after the arrest.

It also is designed to protect communities from the perpetrators of violent crime.