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Department of Justice

U.S. Attorney's Office
District of South Dakota
Alison J. Ramsdell, United States Attorney
www.justice.gov/usao-sd
For Immediate Release
Sunday, January 29, 2023

Sioux Falls Man Charged With Illegal Possession of Firearm

RAPID CITY - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Sioux Falls, South Dakota, man for Possession of a Firearm by a Prohibited Person.

Nathaniel Antonio Hernandez, age 22, was indicted in January of 2023. He appeared before U.S. Magistrate Judge Daneta Wollmann on January 25, 2023, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is up to 15 years in custody and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The charge stems from Hernandez knowingly possessing a semi-automatic rifle in Rapid City in November of 2022. Hernandez has multiple prior felony convictions and as a result, cannot legally possess firearms.

The charge is merely an accusation and Hernandez is presumed innocent until and unless proven guilty.

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.

The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Heather Sazama is prosecuting the case.

Hernandez was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for April 4, 2023.

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