Here illegally, Canadian arrested in sale of rifle

An illegal immigrant from Canada living on Hawaii island has been accused of unlawful possession of a rifle after he allegedly sold an AR-15 to an undercover police officer.

Douglas James Leopold, a former real estate agent, was arrested and charged Tuesday. If convicted of the felony, he faces up to 10 years in prison and a fine of up to $250,000.

U.S. Magistrate Judge Kevin Chang granted a motion to detain Leopold without bail because of his illegal alien status. He is also considered a danger to the community and a flight risk, according to Assistant U.S. Attorney Tracy Hino.

A preliminary hearing is scheduled for July 17.

Authorities arrested Leopold at his Kailua-Kona home Tuesday. He is being held at the Federal Detention Center on Oahu.

Leopold, 50, of Calgary, Alberta, was president and owner of Sun & Sea Realty, a real estate businesses that specialized in Kailua-Kona real estate and resort properties, according to its website.

According to a court affidavit, a former employee of Leopold’s real estate business called the U.S. Department of Homeland Security Investigations Tip Line two years ago and indicated Leopold was an illegal alien. The same caller also later reported that his real estate license was "pulled" in March 2012.

In mid-March of this year, the Homeland Security Department’s Hono­lulu office received a call from the state Regulated Industries Complaints Office indicating Leopold was purportedly attempting to sell firearms in Kailua-Kona, according to the affidavit.

Leopold had dropped off a flier to a gun shop with descriptions and prices of firearms that he was selling. Prices ranged between $1,395 and $1,695.

The shop owner, the wife of a police officer, informed Homeland Security investigators in Hono­lulu about the flier, which included Leopold’s phone number and email address.

An undercover federal agent sent several emails to Leopold expressing interest in purchasing a firearm. They arranged to meet at Leopold’s home, the affidavit said.

On April 11 an undercover officer from the Hawaii Police Department met Leopold and his girlfriend and selected a .223-caliber AR-15 out of five different rifles that Leopold showed him.

The weapons were registered under the girlfriend’s name, but Leopold was the de facto owner, the affidavit says. Under federal law, illegal immigrants are prohibited from possessing firearms, said Hino.

Two days later the officer met with Leopold at Mama­la­hoa and Wai­ko­loa roads and bought the rifle, a semiautomatic built by Defense Procurement Manufacturing Services. The sale price was not disclosed, but Leopold’s flier listed a DPMS Sportical model for $1,595.

According to the affidavit, Leopold fraudulently entered the U.S., failing to indicate on his visa application that he has a criminal record in Canada: a 1982 theft conviction and a 1984 escape conviction.

The visa application he submitted to the U.S. Consulate in Juarez, Mexico, was approved in November 2000.

Leopold overstayed his visa after his request to extend or change his nonimmigrant visa was denied in March 2006, federal officials say.

Leopold also has a record in Hawaii. He was convicted in 2009 of operating a vehicle under the influence of an intoxicant. In 2011 he was convicted of harassment. Both offenses are petty misdemeanors.