The federal government is taking two handguns away from a man who has pleaded guilty to possessing them illegally as a convicted felon.Â
James Vickers pleaded guilty Nov. 28 to being a felon in possession of firearms, after he reportedly shot up a Rock Springs restaurant weeks prior. The crime is punishable by up to 15 years in prison and $250,000 in fines, but Vickers has not yet been sentenced. Â
The next day, a federal prosecutor asked U.S. District Court Judge Scott Skavdahl if the government could take the guns the defendant possessed illegally. One is a Springfield Armory 9 mm pistol and the other is a Smith & Wesson .38-caliber revolver.
Skavdahl said yes, issuing a Nov. 30 order telling the federal government to seize both weapons and watch for anyone making a valid claim on them. Â
Within 30 days of the government’s final public notice that it has the weapons, any person besides Vickers can assert “a legal interest” in them, then have a court hearing without a jury to determine whether he or she has a valid claim, says Skavdahl’s order.
The search data at Forfeiture.gov indicates the government has not yet made its final announcement that it has the firearms. Â
If no one demonstrates a valid claim to these guns, the U.S. government “shall have a clear title” to them and can determine their fate, the order says. Â
Duck And CoverÂ
Vickers originally faced misdemeanors in Sweetwater County, for allegedly shooting up a Rock Springs restaurant, the Santa Fe Southwest Grill, at lunchtime last September. Â
But federal authorities took over the case – likely because being a felon in possession of a firearm is a felony and carries a heftier potential punishment than the smattering of misdemeanors Vickers originally faced under state law. Â
Restaurant co-owner Cory Gardner told Cowboy State Daily at the time that staffers worked together to get everyone out of the restaurant and to safety, as a “troubled” Vickers fired off shots.Â
Police converged on the scene within two minutes of the first “pop,” Gardner said. Â
Clair McFarland can be reached at clair@cowboystatedaily.com.




