Gun trafficker sentenced to two years in federal prison for 'straw purchases' of 36 guns

In May of 2023, after the illegal firearm purchases, Bailey was convicted in state court of domestic battery and intimidation using a firearm.

An Indianapolis gun trafficker is going to prison for moving guns purchased at a store in Beech Grove.

Kayvonn Bailey, 26, of Indianapolis, has been sentenced to two years in federal prison, followed by three years of supervised release, after pleading guilty to making a false statement to a licensed firearms importer.

According to court documents, on Sept. 2, 2022, Bailey bought a Smith and Wesson .40 caliber pistol from a federally licensed firearms dealer in Beech Grove. The purchase was captured on store surveillance video, which showed Bailey going to the store with another person. As part of the purchase, Bailey falsely stated on required federal firearms transaction forms that he was the actual buyer of the firearm. In fact, Bailey illegally purchased the gun on behalf this other individual — a gun trafficking scheme known as “straw purchasing” — and Bailey handed the other person the gun after they left the store.

Straw purchasing occurs when a person who is allowed to legally purchase a gun from a federally licensed dealer falsely states that they are purchasing a firearm for themselves, when they know that the gun is actually intended for someone else — frequently someone who is legally prohibited from making the purchase themselves.

On Oct. 20, 2022, the same Smith and Wesson was recovered in Pennsylvania during a traffic stop. During the stop, the driver stated that he was not a United States citizen. Many non-citizens are prohibited from purchasing or possessing firearms, depending on their specific immigration status. The Pennsylvania driver told investigators Bailey was able to get him firearms, and that went with Bailey to the gun store in Beech Grove to purchase the firearm.

Bailey later confirmed to investigators that he purchased the firearm for the person who accompanied him to the store, and that he had illegally straw-purchased and sold 36 firearms. In May of 2023, after the illegal firearm purchases, Bailey was convicted in state court of domestic battery and intimidation using a firearm.

“Unscrupulous individuals who illegally put guns in the hands of folks who have no lawful business being armed help fuel gun violence in Indiana and across the country,” said Zachary A. Myers, U.S. Attorney for the Southern District of Indiana. “Not only did this criminal illegally traffic three dozen guns into the hands of prohibited people, but he also later engaged in armed domestic violence, demonstrating the danger he poses to his partner and our community. Together, with our partners at ATF, our office will continue to make our neighborhoods safer by targeting the sources of crime guns and holding illegal gun traffickers accountable.”

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case. The sentence was imposed by U.S. District Judge James P. Hanlon.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

This case was brought as part of the LEATH Initiative (Law Enforcement Action to Halt Domestic Violence), named in honor of Indianapolis Metropolitan Police Department (IMPD) Officer Breann Leath, who was killed in the line of duty while responding to a domestic disturbance call.  A partnership among the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the IMPD, and the U.S. Attorney’s Office for the Southern District of Indiana, the LEATH Initiative focuses federal, state, and local law enforcement resources on domestic violence offenders who illegally possess firearms.

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