Illegal and illicit behavior is not the answer to dealing with infringements. At least remaining as a non-felonious member of society is a good thing. Naturally, the topic being discussed is not some conscientious objector move or refusal to remain segregated. What happens when we’re confronted with a series of cascading failures but are left with more questions than answers? A recent sentencing report has put the spotlight on a criminal history that allegedly dates back to 2004.

A January 2, 2025 release from the Department of Justice gave the sentencing details of Pepo Herd El a/k/a Pepo Wamchawi Herd, 51, of Dorchester, Mass. It’s not the sentencing that’s interesting here, but the back story, and perhaps a case study on the public not being provided all the information as well as when there are disproportionate penalties for breaking certain laws.

Previously, Herd El pleaded guilty to illegally carrying a loaded pistol. It was said that Herd El was “a felon who also possessed armor-piercing ammunition.” The details of both the sentencing report and report on his admission of guilt stated that “Due to several 2004 state convictions for possessing firearms without permits and other crimes, Herd El is prohibited from possessing firearms and ammunition.”

Ultimately, Herd El “pleaded guilty to two counts of being a felon in possession of a firearm and ammunition.”

The details of his 2020 arrest, the event that led Herd El to pleading guilty and being sentenced, are the real meat and potatoes here.

A Boston man was arrested last night and charged with illegally carrying a loaded pistol. The defendant, who allegedly purchased a firearm and body armor, and material that could be used to assemble explosives, adheres to the anti-government/anti-authority sovereign citizen extremist ideology.

Pepo Herd El a/k/a Pepo Wamchawi Herd (El), 47, of Dorchester, was charged by criminal complaint with one count of being a felon in possession of a firearm and ammunition. Following an initial appearance, El was detained pending a detention hearing scheduled for Dec. 2, 2020.

According to the criminal complaint, El is suspected of compiling chemicals that can be used to manufacture explosives and has been under law enforcement surveillance.

It is alleged that in the early afternoon of Nov. 26, 2020, El took a bus from his house in Dorchester to the Ruggles MBTA station. At Ruggles, El was detained and searched pursuant to a search warrant. During that search, law enforcement discovered that El was in possession of a loaded pistol, three spare magazines that were also fully loaded, a knife and a bullet-proof vest. El was also wearing a security jacket although he is not believed to work as a security guard. Due to a 2004 state conviction for possessing firearms without permits, El is prohibited from possessing firearms and ammunition. The investigation remains ongoing. 

Why was Herd El under surveillance? Was this some sort of a sting operation? What was the search warrant for? All questions that the DOJ should have answered at one point or another through this process. But they had not.

Is it clear that Herd El was up to no good? Probably. He got picked up after being watched by “FBI Boston’s Joint Terrorism Task Force with substantial assistance from the Boston Police Department, the Bureau of Alcohol, Tobacco, Firearms & Explosives and the U.S. Postal Inspection Service.”

Herd El sat in jail from November 2020 and was finally sentenced to time served plus ten days on January 2, 2025 after admitting his guilt.

There’s one detail that should be called into question. The 2020 report stated, “Due to a 2004 state conviction for possessing firearms without permits, El is prohibited from possessing firearms and ammunition.“ 

Subsequent reports said, “Due to several 2004 state convictions for possessing firearms without permits and other crimes, Herd El is prohibited from possessing firearms and ammunition.”

Who knows what the circumstances were of the 2004 arrests. That data is not readily available. What made the reports change from 2020 to 2024 and 2025 respectively? 

Further, and most importantly here, Herd El was arrested in 2004 for allegedly not having a license to carry or permit, wherever that arrest was. Was that the turning point in Herd El’s life? He got arrested because some jurisdiction said he needed a government-issued permit to possess a firearm, and that’s wrong.

The days of people becoming felons for simple possession need to come to an end. No other Constitutional right, if not exercised within the scope of the law, leads to a felony charge if a person does not play by the government’s arbitrary rules. At least not automatically.

If it’s a right to possess a firearm outside the home, as was stated in Bruen, then how could not having a permit for that simple possession be a life-ruining event? In possession while in the commission of a crime? Maybe we can have a conversation about that.

It’s likely that Herd El was up to no good on the day of his arrest. He paid his debt to society. That does not change the fact that holistically we need to look at these laws and continue to cleave away the worst provisions first, and simple possession without a permission slip leading to felony charges is very ripe for a challenge.

Hopefully, we won’t be reading about Herd El in any more DOJ reports.