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March 28, 2023

Internal Revenue Service Employee Brandished Toy Gun at Service Center in Utah

On January 31, 2023, in the District of Utah, Marc Bryner was charged by criminal complaint with two counts of providing a false statement during the attempted acquisition of a firearm. Bryner is employed as a tax examiner at the Internal Revenue Service (IRS) Service Center in Ogden, Utah.

According to court documents, in December 2022, Bryner told special agents with the Treasury Inspector General for Tax Administration (TIGTA) that he had firearms at his home. Bryner also indicated he had a medical marijuana card and uses marijuana, but not at work. The use or possession of marijuana remains unlawful under Federal law regardless of legalization or decriminalization for medicinal or recreational purposes in the State in which one resides.

In January 2023, Bryner made two attempts to purchase rifles from a federally licensed firearms dealer in Ogden, Utah. On both purchase forms, Bryner certified he is neither an unlawful user of nor addicted to marijuana. During both attempted purchases, employees at the firearms dealership noted Bryner acted erratically and appeared to be under the influence. Due to his behavior, the firearms dealership did not finalize the transfer.

On the second day Bryner attempted to purchase a rifle, he went to work, approached the security guard window, and brandished a toy gun. TIGTA special agents met with Bryner and also noted his erratic behavior. Bryner confirmed he attempted to purchase two rifles but was denied. Bryner stated he wanted an AR-15 rifle because the rounds could go “through a vest.”

If convicted, Bryner could receive up to 10 years’ imprisonment.

Source:  The facts in this case narrative come from the following publicly available document: D. Utah, Crim. Compl., filed Jan. 31, 2023.