A federal grand jury has charged a Buffalo man with illegally possessing a firearm after police said a loaded gun fell from his pant leg during a Route 33 traffic stop.
Earl Stone, 34, faces a federal felon-in-possession charge with a maximum possible prison term of 15 years, according to the U.S. Attorney's Office for the Western District of New York. The charge follows an April 12, 2026, stop on the expressway.
Buffalo police officers stopped a vehicle late that evening and detected the smell of alcohol, prosecutors said, citing the indictment and a previously filed complaint. Officers asked the driver to get out for a field sobriety test, then asked passengers whether any had a New York driver's license so the vehicle could be moved safely.
The passengers refused, prosecutors said. Stone got out and sat on the expressway ground. Officers noticed what appeared to be the outline of a firearm slide near his right shin.
When officers asked Stone to stand, a loaded .40-caliber firearm fell from his pant leg, according to the federal office. He was charged under state law with second-degree criminal possession of a loaded firearm and third-degree criminal possession of a weapon involving a large-capacity feeding device.
Prosecutors said a December 2013 felony conviction in Erie County Court prohibits Stone from possessing a firearm. He was arraigned before U.S. Magistrate Judge Michael Roemer and detained.
Assistant U.S. Attorneys Joshua Violanti and Louis Testani are prosecuting the federal case. Buffalo police and the FBI conducted the investigation.
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