Lunsford federal gun case continued, again
James Lunsford.
File photo
James Lunsford, controversial proprietor of the “Haven on the Hill” campground, will begin another chapter in his federal gun case after hiring a new lawyer and receiving yet another continuance.
On June 4, 2024, a federal grand jury indicted Lunsford on six felony charges stemming from alleged illegal firearms transactions spanning nearly three years. Lunsford was arrested six days later and appointed public defender Emily Jones that same day.
According to the indictment, Lunsford is accused of making false statements between April 2021 and Feb. 8, 2024, to Smoky Mountain Shooters Supply, a now-defunct gun store in Murphy.
Prosecutors allege that Lunsford misrepresented himself as the actual purchaser of multiple firearms when he was allegedly buying them on behalf of another person.
In addition to the alleged false statements, Lunsford — who is not a licensed firearms dealer — is charged with unlawfully engaging in the business of dealing in firearms and ammunition. He is also accused of selling and delivering a revolver to an unlicensed individual.
Federal prosecutors have moved to seize items allegedly tied to the offenses, including 21 pistols, 15 shotguns, 13 rifles, 10 revolvers and a small quantity of ammunition.
Related Items
Teachers’ arrests expose abuse of EC students
Man pleads guilty to leaving used needles in local park
Smokies staff reminds visitors that feeding bears is illegal, dangerous
Man pleads guilty to trafficking charges in Haywood
Four of the charges carry a maximum penalty of five years in prison, up to three years of supervised release and a $250,000 fine.
The remaining two charges carry a maximum of 10 years in prison, in addition to supervised release and financial penalties.
Lunsford pleaded not guilty to all charges and has requested a jury trial.
When Lunsford was arrested, Jones filed for the continuance of a June 24, 2024, hearing. Lunsford was released on a $25,000 unsecured bond. Although he was granted conditional release, the specific terms remain under seal. U.S. Magistrate Judge Carleton Metcalf moved the hearing to Aug. 26, 2024. On Aug. 9, 2024, another continuance was issued, this time until Nov. 4, 2024.
On Oct. 10, 2024 — less than two weeks after Hurricane Helene, which affected court operations and attorney availability — another continuance was issued, this time to Jan. 6, 2025. On Dec. 1, 2024, that hearing was moved to March 3, 2025.
On Feb. 14, the hearing was again postponed to May 5, with Lunsford’s attorney saying in her motion that discovery materials were voluminous and that “defense counsel needs more time to engage in plea negotiations with the Government.” On April 18 the hearing was continued to June 30.
Jones’ motion states that the discovery process, “along with the number of charges spanning the course of nearly three years and involving at least 52 firearms, delayed resolution of this case. The parties have been engaged in plea negotiations, but have not yet reached an agreement. While it is possible that the parties still will reach an agreement, it does not appear that that will happen this term. Defense counsel is requesting this final docket call/trial date continuance, to ensure she is able to effectively convey to Mr. Lunsford his options regarding a plea or trial, including the sentencing guidelines he may face in either scenario, the strength of the evidence and what a trial versus a plea would look like.”
But before that June 30 hearing could take place, Lunsford fired his appointed counsel and hired Waynesville attorney Russell L. “Rusty” McLean III. On June 24, Chief Judge Martin Reidinger granted McLean’s unopposed motion for another continuance to Sept. 2.
McLean’s motion noted that there was a “significant” amount of discovery to review and that he already had multiple jury trials scheduled for the June 30 term in Haywood County.
Lunsford’s federal charges are unrelated to Haven on the Hill, which became a relief hub and encampment in the aftermath of Helene. Since then, multiple people have come forward to allege that Haven on the Hill has benefited from and distributed relief donations unevenly, charged for services amid crisis, exploited residents and used intimidation to quell dissent. Meanwhile, neighbors and public safety officials have raised concerns about health risks, permitting violations and increased law-enforcement activity around the site.
A GoFundMe for Haven on the Hill recently topped $114,000.
