A still image from video taken by a Burlington police officer shows a man identified as Malcolm Tanner, at left, riding a bike with a rifle on his back July 5. The image is among court documents in his case.
A Burlington man who has had several run-ins with police since June and had been bicycling around with a rifle on his back has been ordered held, according to authorities.
Malcolm Tanner, 52, was arrested July 13 on a charge of unlawful possession of a weapon: a .22-caliber semi-automatic rifle. In a hearing July 15, U.S. Magistrate Judge John Conroy ordered that Tanner be detained.
If convicted, Tanner could face up to 10 years in prison and a $250,000 fine, according to a news release.
Tanner cannot lawfully possess a rifle because he was convicted of four felonies in New Hampshire, according to the court affidavit.
An off-duty agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives saw Tanner on a bike with the rifle slung on his back June 25 in Burlington. Agent Samuel Brown reported the incident to the Burlington Police Department, which had previously encountered Tanner, authorities say.
Tanner engaged in an “armed standoff” with Burlington police June 22, according to the affidavit.
That day, officers were called to the area of the Boys and Girls Club of Burlington and found Tanner in a tent with his rifle, according to the affidavit. They asked him to leave his tent unarmed, which he did at first, but then he went back and got his rifle. The officers asked that he put the rifle on the ground and step away, according to the affidavit. Tanner put the weapon on the ground but ultimately refused to step away from it, police said.
Unaware of Tanner’s prior felonies, the officers determined he was not committing any state crime, and they left, according to the affidavit. Open or concealed carry of a loaded firearm is legal in Vermont.
ATF agents learned July 11 about Tanner’s prior felonies after asking for a criminal history record check from the New Hampshire Department of Public Safety, according to the affidavit.
When agents saw Tanner riding a bike with the rifle July 13, they stopped him. The rifle was loaded with seven rounds of ammunition in its magazine, according to the affidavit.
Tanner’s four felonies include possession and sale of drugs and theft, according to court records.
His arraignment on the firearms charge is set for Wednesday.
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