A federal jury found Luis Donaldo Garcia Lopez, a 31-year-old Mexican national from Guasave, Sinaloa, guilty of being an alien in possession of a firearm and ammunition on Feb. 26 in Phoenix, Ariz., according to a March 9 announcement. Sentencing is set for May 21 before U.S. District Judge John J. Tuchi.
The case highlights ongoing efforts by federal authorities to address illegal firearm possession by individuals who are unlawfully present in the United States.
Court documents and trial evidence showed that officers with Immigration and Customs Enforcement's Enforcement and Removal Operations learned Garcia was unlawfully present in the country. On Feb. 21, 2025, officers stopped Garcia and asked if he had any weapons; he told them there was a firearm in his lunchbox inside the vehicle. Officers found a Glock semi-automatic handgun loaded with five rounds of ammunition. The Bureau of Alcohol, Tobacco, Firearms and Explosives took custody of the weapon while Garcia was arrested for immigration violations.
Prosecutors presented evidence that Garcia knew he was not legally allowed to possess a firearm due to his immigration status. Records indicated that Garcia entered the United States lawfully on July 26, 2020, with a B1/B2 visa that expired in March 2023 and had not been renewed or reissued since then.
A conviction for possession of a firearm and ammunition by an illegal alien carries up to 15 years in prison, a $250,000 fine, and up to three years of supervised release.
The investigation involved multiple agencies including the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Immigration and Customs Enforcement's Enforcement and Removal Operations; U.S. Customs and Border Protection; Office of Field Operations; and the U.S. Department of State's Diplomatic Security Service. The prosecution was handled by the U.S. Attorney’s Office District of Arizona.
