A Billings man convicted in 1994 of being a felon in possession of firearms has been charged again with possessing six guns and ammunition.
Richard Mundt, 41, was charged Wednesday by criminal complaint in U.S. District Court. Mundt waived his right to a preliminary hearing and the case will proceed to a grand jury for an indictment.
According to the complaint, agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives got a search warrant and searched Mundt's residence at 2148 Lake Elmo Drive on Tuesday. They found one shotgun, four rifles and one revolver along with 54 rounds of ammunition, the complaint said.
Mundt was convicted in 1994 of possessing a 9mm semiautomatic pistol after having been convicted of rape and sexual assault charges in Yellowstone County in January 1993. Under federal law, it is illegal for a convicted felon to possess a firearm.
During a detention hearing Thursday, U.S. Magistrate Richard Anderson denied a request by federal defender Robin Hammond to release Mundt until trial.
Hammond argued that, based on a recent 9th U.S. Circuit Court of Appeals ruling, Mundt couldn't be held in custody based solely on dangerousness. She said Mundt has a job and lives with his longtime girlfriend and family members who depend on him. Mundt's previous probation violations are more than three years old and since he finished probation in 2001, he has not had problems with drugs or alcohol, she said.
Assistant U.S. Attorney Ed Laws opposed release. He said the appellate case didn't apply and sought detention based on Mundt's record of violent crimes and probation violations. He also said Mundt's girlfriend is expected to be called as a government witness.
Anderson noted Mundt's record and said the appellate case did not fit the circumstances. He called it "absurd" to say evidence of dangerousness was not enough to detain a defendant. "I'm detaining your client," he told Hammond.