There are two Federal charges, including possession of an unregistered firearm and possession of a machine gun.
Schuyler Barbeau Sentenced to 27 Months in Prison
by Staff
Schuyler Barbeau plead guilty to two Federal charges, including possession of an unregistered firearm and possession of a machine gun, on June 6th. Each count could have carry up to a maximum of 10 years in Prison plus hefty fines. Judge Robert Jones waived the fines and ordered minimum fees of $100.00 per count.
Today, Barbeau was given 27 months for the two counts, plus three years of probation. He has also lost his rights to possess firearms.
Barbeau has been incarcerated since December 2015. If he were to serve the entire sentence he would not be released prior to March 2018, another 6 months. However, he is eligible for early release, totaling 108 days. This means that he is expected to return home before Christmas.
What was most interesting about this hearing was that, though the charges were strictly firearm related, the sentencing recommendations revolved around the First Amendment.
The prosecution repeatedly cited Barbeau’s social media postings in their recommendations of 72 months incarceration. They also took issue with Barbeau’s “anti-government” associates, and even referenced the Bundy’s, the Bunkerville Standoff, and the Malheur Refuge Protest.
Noting the hefty allegations from the prosecution, Judge Jones was even moved to ask the prosecution if their recommendations for incarceration were based on the actions of others? The prosecution quickly backed away from that theory, yet did not withdraw their comments.
The prosecution spent a bit of time discussing Barbeau’s fascination with the Founding Fathers and the American Revolution. They seemed to think that this was a detriment to Barbeau’s character, and offered it as evidence against him.
Based on the statements from the prosecution, the court found that a threat of force and intimidation did exist from Barbeau and weighted this evidence heavily in the sentence.
However, in spite of the prosecution’s rhetoric, Judge Jones found that Barbeau was misguided in his understanding of the Second Amendment. He seemed to have some sympathy for Schuyler and feels that he is remorseful and repentant of his misdeeds.
Maureen Peltier and Jenn Cannon contributed to this article.
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