A Buffalo man with a prior felony conviction is facing a federal gun charge after police said a loaded firearm fell from his pant leg during a traffic stop on Route 33.
Earl Stone, 34, was arrested and charged with being a felon in possession of a firearm, a charge that carries a maximum penalty of 15 years in prison, according to the U.S. Attorney’s Office for the Western District of New York.
Authorities said the incident occurred late April 12 when Buffalo police stopped a vehicle on the Route 33 Expressway. Officers reported detecting the smell of alcohol and asked the driver to exit the vehicle for a field sobriety test.
During the stop, officers asked passengers to provide identification so someone could move the vehicle. Investigators said all passengers refused, including Stone, who exited the vehicle and sat on the expressway.
Police then observed what appeared to be the outline of a firearm near Stone’s lower leg. When he stood up at the request of officers, a loaded .40 caliber handgun fell from his pant leg, according to the complaint.
Stone was initially charged at the state level with criminal possession of a weapon, including possessing a loaded firearm and a large-capacity feeding device.
Officials said Stone had a prior felony conviction from Erie County in 2013, making it illegal for him to possess a firearm.
He appeared before a federal magistrate judge and was ordered held pending a detention hearing.
The case is being prosecuted by the U.S. Attorney’s Office following an investigation by the Buffalo Police Department and the FBI. Authorities noted that the charge is an allegation, and the defendant is presumed innocent unless proven guilty.
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