Weapons Prosecutions for February 2013

Number Latest Month 503
Percent Change from previous month 0.6
Percent Change from 1 year ago -15.9
Percent Change from 5 years ago (Including Magistrate Court) -20.6
Percent Change from 5 years ago (Excluding Magistrate Court) -25.0
Table 1: Criminal Weapons Prosecutions

The latest available data from the Justice Department show that during February 2013 the government reported 503 new weapons prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 0.6% over the previous month.

The comparisons of the number of defendants charged with weapons-related offenses are based on case-by-case information obtained by TRAC under the Freedom of Information Act from the Executive Office for United States Attorneys. (See Table 1)

When monthly 2013 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was down (-15.9 percent). Prosecutions over the past year are still much lower than they were five years ago. Overall, the data show that prosecutions of this type are down 20.6 percent from levels reported in 2008.

Plot of _FREQ_ by FYMONDT

Figure 1: Monthly trends in weapons prosecutions

The decrease from the levels five years ago in weapons prosecutions for these matters is shown more clearly in Figure 1. The vertical bars in Figure 1 represent the number of weapons prosecutions of this type recorded on a month-to-month basis. Where a prosecution was initially filed in U.S. Magistrate Court and then transferred to the U.S. District Court, the magistrate filing date was used since this provides an earlier indicator of actual trends. The superimposed line on the bars plots the six-month moving average so that natural fluctuations are smoothed out. The one and five-year rates of change in Table 1 and in the sections that follow are all based upon this six-month moving average. To view trends year-by-year rather than month-by-month, see TRAC's annual report series for a broader picture.

Within the broad category of weapons, cases were classified by prosecutors into more specific types.

Case types within weapons are

  • Armed Career Criminal Act

  • Firearms/Triggerlock

  • Other Operation Triggerlock Prosecutions

The largest number of prosecutions of these matters in February 2013 was for "Weapons-Operation Triggerlock Major", accounting for 100 percent of prosecutions. See Figure 2.

The lead investigative agency for weapons prosecutions in February 2013 was ATF accounting for 70 percent of prosecutions referred. Other agencies with substantial numbers of weapons referrals were: FBI (8% ), Local (6%), DHS (6%), DEA (3%). See Figure 3.

Pie chart of progcatlabel

Figure 2: Specific types of prosecutions
Pie chart of agenrevgrp

Figure 3: Prosecutions by investigative agency

Weapons Prosecutions in U.S. Magistrate Courts

Top Ranked Lead Charges

In February 2013, 91 defendants in weapons cases for these matters were filed in U.S. Magistrate Courts. These courts handle less serious misdemeanor cases, including what are called "petty offenses." In addition, complaints are sometimes filed in the magistrate courts before an indictment or information is entered. In these cases, the matter starts in the magistrate courts and later moves to the district court where subsequent proceedings take place.

In the magistrate courts in February the most frequently cited lead charge was Title 18 U.S.C Section 922 involving the "Firearms; Unlawful acts". This was the lead charge for 84.6 percent of all magistrate filings in February.

Weapons Prosecutions in U.S. District Courts

In February 2013, 412 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during February there were an additional 78 defendants whose cases moved from the magistrate courts to the U.S. district courts after an indictment or information was filed. The sections which follow cover both sets of cases and therefore cover all matters filed in district court during February.

Top Ranked Lead Charges

Table 2 shows the top lead charges recorded in the prosecutions of weapons matters filed in U.S. District Court during February 2013.

Lead Charge Count Rank 1yr ago 5yrs ago  
18 USC 922 - Firearms; Unlawful acts 410 1 1 1 More
18 USC 924 - Firearms; Penalties 26 2 2 2 More
26 USC 5861 - Tax on Making Firearms - Prohibited acts 13 3 5 4 More
18 USC 1951 - Hobbs Act 11 4 3 5 More
21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A 8 5 5 3 More
18 USC 371 - Conspiracy to commit offense or to defraud US 7 6 7 8 More
18 USC 554 - Smuggling goods from the United States 3 7 4 19 More
18 USC 2 - Aiding and Abetting 2 8 20 16 More
18 USC 930 - Possession of firearms/dangerous weapons in federal facility 2 8 23 19 More
22 USC 2778 - Control of arms exports and imports 2 8 13 12 More
26 USC 5841 - Registration of firearms 2 8 14 14 More
Table 2: Top charges filed

  • "Firearms; Unlawful acts" (Title 18 U.S.C Section 922) was the most frequent recorded lead charge. "Firearms; Unlawful acts" (Title 18 U.S.C Section 922) was ranked 1 a year ago, while it was ranked 1 five years ago.

  • Ranked 2nd in frequency was the lead charge "Firearms; Penalties" under Title 18 U.S.C Section 924. "Firearms; Penalties" under Title 18 U.S.C Section 924 was ranked 2 a year ago, while it was ranked 2 five years ago.

  • Ranked 3rd was "Tax on Making Firearms - Prohibited acts" under Title 26 U.S.C Section 5861. "Tax on Making Firearms - Prohibited acts" under Title 26 U.S.C Section 5861 was ranked 5 a year ago, while it was ranked 4 five years ago.

Among these top ten lead charges, the one showing the greatest increase in prosecutions—up 116.7 percent—compared to one year ago was Title 22 U.S.C Section 2778 that involves " Control of arms exports and imports ". Compared to five years ago, the largest increase—800 percent—was registered for prosecutions under " Smuggling goods from the United States " (Title 18 U.S.C Section 554 ).

Again among the top ten lead charges, the one showing the sharpest decline in prosecutions compared to one year ago—down 71.4 percent—was Smuggling goods from the United States (Title 18 U.S.C Section 554 ). Compared to five years ago, the most significant decline in prosecutions— 50 percent—was for filings where the lead charge was " Aiding and Abetting " (Title 18 U.S.C Section 2 ).

Top Ranked Judicial Districts

In February 2013 the Justice Department said the government brought 191.5 weapons prosecutions for every ten million people in the United States.

Understandably, there is great variation in the per capita number of weapons prosecutions that are filed in each of the nation's ninety-four federal judicial districts.

The districts registering the largest number of prosecutions per capita for these matters last month are shown in Table 3. Districts must have at least 5 weapons prosecutions to receive a ranking.

Judicial District Percapita Count Rank 1yr ago 5yrs ago  
W Virg, S 1,689 13 1 61 70 More
D. C. 1,201 6 2 90 92 More
R. I. 911 8 3 64 88 More
Fla, N 907 13 4 61 75 More
N Car, M 906 21 5 9 27 More
Ala, S 872 6 6 21 34 More
Mo, W 741 19 7 7 7 More
Ill, S 659 7 8 26 74 More
Wash, E 652 8 9 39 59 More
Tenn, E 573 12 10 10 24 More
Table 3: Top 10 districts (per ten million people)

  • The Southern District of West Virginia (Charleston)—with 1689 prosecutions as compared with 191.5 prosecutions per ten million population in the United States—was the most active during February 2013.

  • The District of Washington, D.C. (Washington) ranked 2nd.

  • District of Rhode Island is now ranking 3rd.

Recent entrants to the top 10 list were Southern District of Alabama (Mobile), now ranked 6th , and Southern District of Illinois (East St. Louis) at 8th In the same order, these districts ranked 21st and 26th one year ago and 34th and 74th five years ago.

The federal judicial district which showed the greatest growth in the rate of weapons prosecutions compared to one year ago— 180 percent—was Washington, D.C. (Washington). Compared to five years ago, the district with the largest growth— 185.7 percent—was Rhode Island .

In the last year, the judicial District Court recording the largest drop in the rate of weapons prosecutions— 44.7 percent—was Eastern District of Washington (Spokane).  But over the past five years, Western District of Missouri (Kansas City) showed the largest drop— 28.2 percent.

Top Ranked District Judges

At any one time, there are about 680 federal District Court judges working in the United States. The judges recorded with the largest number of new weapons crime cases of this type during February 2013 are shown in Table 4.

Judge Count Rank  
Hanen, Andrew S. Texas, S 11 1 More
Goldsmith, Mark Allan Mich, E 10 2 More
Stadtmueller, Joseph Peter Wisc, E 9 3 More
Breen, J. Daniel Tenn, W 6 4 More
Ishii, Anthony W. Cal, E 5 5 More
Hamilton, Phyllis Jean Cal, N 5 5 More
Collier, Lacey A. Fla, N 5 5 More
Murphy, G. Patrick Ill, S 5 5 More
Fenner, Gary A. Mo, W 5 5 More
Boyle, Terrence William N Car, E 5 5 More
Lisi, Mary M. R. I. 5 5 More
Greer, J. Ronnie Tenn, E 5 5 More
Shea, Edward F. Wash, E 5 5 More
Table 4: Top 10 judges

A total of 6 out of the "top ten" judges were in districts which were in the top ten with the largest number of weapons filings per capita, while the remaining 7 judges were from other districts. (Because of ties, there were a total of 13 judges in the "top ten" rankings.)

  • Judge Andrew S. Hanen in the Southern District of Texas (Houston) ranked 1st with 11 defendants in weapons cases.

  • Judge Mark Allan Goldsmith in the Eastern District of Michigan (Detroit) ranked 2nd with 10 defendants in weapons cases.

  • Judge Joseph Peter Stadtmueller in the Eastern District of Wisconsin (Milwaukee) ranked 3rd with 9 defendants in weapons cases.

Report Generated: April 23, 2013
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