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Saturday, January 18, 2025

Four individuals charged with illegal firearms trafficking conspiracy

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U.S. Attorney Philip R. Sellinger | U.S. Department of Justice

U.S. Attorney Philip R. Sellinger | U.S. Department of Justice

Four New Jersey men have been charged with conspiring to illegally traffic firearms, including privately manufactured handguns, in Ocean County, U.S. Attorney Philip Sellinger announced today.

James Hyres, 38, of Toms River; Dennis McMickle, 35, of Brick; James Opalenik, 51, of Ocean Gate; and Edward Trost III, 36, of Toms River are each charged by criminal complaint with conspiracy to traffic in firearms and trafficking in firearms. Hyres and McMickle face additional charges for possession of a firearm by a previously convicted felon. McMickle and Opalenik are also charged with unlawfully possessing a firearm with an obliterated serial number.

Hyres and Opalenik were arrested this morning in Ocean County. Opalenik is scheduled to appear today before U.S. Magistrate Judge Tonianne J. Bongiovanni in Trenton federal court. Hyres is scheduled for his initial appearance on July 30, 2024, before Judge Bongiovanni. McMickle and Trost were already in custody in Monmouth County and Ocean County on unrelated state criminal charges.

According to the complaint:

From April through May 2024, Hyres, McMickle, Opalenik, and Trost participated in a gun trafficking conspiracy operating around Ocean County. During that period, Hyres manufactured privately made firearms (PMFs or “ghost guns”) using various component parts and a 3D printer for resale. Assisted by McMickle and Trost, he sold PMFs and other traditional firearms for profit to others including a confidential source working under FBI supervision. Opalenik sold a semi-automatic rifle to the confidential source as part of the conspiracy with assistance from McMickle who also sold the source a 9-millimeter semi-automatic handgun in January 2024. Investigations revealed none of these defendants held federal licenses to deal or manufacture firearms. Additionally, Hyres, McMickle, and Trost have prior felony convictions prohibiting them from possessing firearms under federal law.

The counts of conspiracy to traffic in firearms, trafficking in firearms, and possession of a firearm by a previously convicted felon each carry maximum penalties of up to 15 years in prison and fines up to $250,000. The charge of unlawfully possessing a firearm with an obliterated serial number carries a maximum penalty of five years in prison and a $250,000 fine.

U.S. Attorney Sellinger credited agents from the FBI Newark Red Bank Jersey Shore Safe Streets Task Force under Special Agent James E. Dennehy’s direction for their investigation leading to these charges and arrests. He also acknowledged assistance from the Ocean County Sheriff’s Office; Bureau of Alcohol Tobacco Firearms & Explosives Newark Field Division; Lakewood Police Department; and Toms River Police Department.

The government is represented by Assistant U.S. Attorney Ian D. Brater from the U.S Attorney’s Office Criminal Division in Trenton.

The charges contained within the complaints are accusations at this stage; all defendants are presumed innocent unless proven guilty.

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