Methuen Man Sentenced for Conspiring to Steal Firearms from Second Amendment Outdoors in Derry

CONCORD – A Methuen, Massachusetts man was sentenced in federal court in Concord for his role in a conspiring to steal firearms from a federal firearms licensee, U.S. Attorney Jane E. Young announces.

Jaythean Diaz, 20, was sentenced by U.S. District Court Judge Joseph Laplante to 24 months in prison and 2 years of supervised release.  Diaz was also ordered to pay $5,100 in restitution.  On April 13, 2023, Diaz pleaded guilty to conspiring to steal firearms from a federal firearms licensee. One of Diaz’ co-conspirators, Gary Ortiz, pleaded guilty to similar charges on May 1, 2023 and is scheduled to be sentenced on September 22, 2023.

“It is criminals, like the defendant and his co-conspirators, that put illegal guns on our streets and often into the hands of dangerous people,” said U.S. Attorney Jane E. Young. “Their crime also has a direct financial impact on legitimate firearm commerce and our federal firearms licensees, like the victim in this case, Second Amendment Outdoors in Derry. The defendant’s lengthy incarceration sends a strong message that the illegal firearm market will not be tolerated in the Granite State.”

“Diaz and his co-conspirators targeted a local gun dealer in order to steal and resell guns on the street. This sentence is proof of ATF’s relentless resolve to bring to justice anyone who would victimize members of our community and put illegal guns into circulation,” said James M. Ferguson, Special Agent in Charge, ATF Boston Field Division. “Federal firearms licensees are law-abiding citizens who make their livelihood providing a safe and legal means to responsibly bear arms, criminal acts against these businesses will be met with the full weight of the law.”

On December 8, 2021, the Diaz and his co-conspirators broke into Second Amendment Outdoors in Derry, New Hampshire and stole 12 firearms—11 pistols and one rifle.  Videos recovered from the phone of a co-conspirator show Diaz holding the stolen firearms, and messages recovered in another search show attempts by Diaz to sell at least one of the stolen firearms. 

The Bureau of Alcohol, Tobacco, Firearms & Explosives (“ATF”) led the investigation. Valuable assistance was provided by the Lawrence Police Department, Methuen Police Department, Massachusetts State Police, Derry Police Department, Atkinson Police Department, Plaistow Police Department, Kingston Police Department, Windham Police Department, Hooksett Police Department, and Salem Police Department. Assistant U.S. Attorney John J. Kennedy is prosecuting the case.  

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.

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