Unlicensed Arms Dealer Pleads Guilty After Selling Gun to Midland Shooter

DALLAS, TX -- A year after Seth Aaron Ator terrorized Midland and Odessa, the individual who sold him the gun pleaded guilty.

In September of 2019, the FBI raided the home of 45-year-old Marcus Anthony Braziel. Braziel was accused of manufacturing and then selling the modified AR-15 to Ator.

According to court documents, Braziel pleaded guilty to one count of dealing firearms without a license and one count of subscribing to a false tax return.

Braziel admitted to authorities he sold Ator the rifle on October 8, 2016. 

Before the purchase, Ator was banned from owning firearms after he was labeled as "mentally defective." 

When Ator attempted to purchase a gun at sporting goods he was denied after the National Instant Criminal Background Check System (NICS) flagged his mental status. 

Ator then arranged to purchase a gun from Braziel, who was willing to sell him the weapon without running any background checks.

The investigation revealed that in four years the unlicensed arms dealer has sold firearms to four people who were prohibited from owning one. They included a convicted felon, a man under felony indictment, an immigrant in the U.S. illegally, and Ator.

“If you’re a firearms dealer – whether you’re selling out of a brick-and-mortar store, in your basement, or online – you must ensure that a background check is conducted on your purchasers,” said U.S. Attorney Erin Nealy Cox. “As this case makes clear, dealing firearms without a license isn’t some obscure, technical violation. It is unlawful conduct that has real-world impact and the potential for devastating results."

Braziel admitted to investigators he would regularly buy lower receivers and used milling equipment to build the guns. He would then list his firearms on Armslisted.com and conduct his business in a parking lot or out of his garage.

During the course of the investigation after the mass shooting, agents were able to trace the lower receiver of Ator's gun to Mulehead Dans.

Dans is a federally licensed firearm dealer in Lubbock. He confirmed Braziel was a frequent customer. 

Braziel also admitted he failed to report gun sales income to the IRS.

He faces up to five years in federal prison.