Weapons Convictions for August 2023
The latest available data from the Justice Department show that during August 2023 the government reported 971 new weapons convictions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 24.5 percent over the previous month.
The comparisons of the number of defendants convicted for 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 2023 convictions of this type are compared with those of the same period in the previous year, the number of convictions was up (2.4%). Convictions over the past year are still much higher than they were five years ago. Overall, the data show that convictions of this type are up 18.6 percent from levels reported in 2018.
Figure 1. Monthly Trends in Weapons Convictions
The increase from the levels five years ago in weapons convictions for these matters is shown more clearly in Figure 1. The vertical bars in Figure 1 represent the number of weapons convictions 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 convictions of these matters in August 2023 was for "Weapons-Operation Triggerlock Major", accounting for 100 percent of convictions. See Figure 2.
The lead investigative agency for weapons convictions in August 2023 was ATF accounting for 59 percent of convictions. Other agencies with substantial numbers of weapons convictions were: FBI (17% ), Local (9%), DHS (4%). See Figure 3.
Weapons Convictions in U.S. Magistrate Courts
Top Ranked Lead Charges
In August 2023, no defendants in weapons cases for these matters were convicted 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.
Weapons Convictions in U.S. District Courts
In August 2023, 970 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during August there were an additional 0 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 August.
Top Ranked Lead Charges
Table 2 shows the top lead charges recorded in the convictions of weapons matters filed in U.S. District Court during August 2023.
Lead Charge Count Rank 1yr ago 5yrs ago 18 USC 922 - Firearms; Unlawful acts 784 1 1 1 More 18 USC 1951 - Hobbs Act 37 2 2 3 More 21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A 22 3 4 4 More 26 USC 5861 - Tax on Making Firearms - Prohibited acts 20 4 6 5 More 18 USC 924 - Firearms; Penalties 18 5 5 2 More 18 USC 1962 - RICO - prohibited activities 13 7 18 11 More 18 USC 371 - Conspiracy to commit offense or to defraud US 10 8 9 10 More 21 USC 846 - Attempt and conspiracy 9 9 7 8 More 18 USC 1959 - Violent crimes in aid of racketeering activity 8 10 18 24 More Table 2. Top Charges for Convictions
"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 "Hobbs Act" under Title 18 U.S.C Section 1951. "Hobbs Act" under Title 18 U.S.C Section 1951 was ranked 2 a year ago, while it was ranked 3 five years ago.
Ranked 3rd was "Drug Abuse Prevention & Control-Prohibited acts A" under Title 21 U.S.C Section 841. "Drug Abuse Prevention & Control-Prohibited acts A" under Title 21 U.S.C Section 841 was ranked 4 a year ago, while it was ranked 4 five years ago.
Among these top ten lead charges, the one showing the greatest increase in convictions — up 1133.3 percent — compared to one year ago was Title 18 U.S.C Section 1962 that involves " RICO - prohibited activities ". Compared to five years ago, the largest increase — 400 percent — was registered for convictions under " Violent crimes in aid of racketeering activity " (Title 18 U.S.C Section 1959 ).
Again among the top ten lead charges, the one showing the sharpest decline in convictions compared to one year ago — down 12.5 percent — was "Other US Code Section " (Title U.S.C Section ). Compared to five years ago, the most significant decline in convictions — 47.6 percent — was for convictions where the lead charge was " Firearms; Penalties " (Title 18 U.S.C Section 924 ).
Top Ranked Judicial Districts
In August 2023 the Justice Department's case-by-case records show that the government obtained 350.7 weapons convictions for every ten million people in the United States.
Understandably, there is great variation in the per capita number of weapons convictions in each of the nation's ninety-four federal judicial districts.
The districts registering the largest number of convictions per capita for these matters last month are shown in Table 3. Districts must have at least 5 weapons convictions to receive a ranking.
Judicial District Percapita Count Rank 1yr ago 5yrs ago Mo, E 2,752 67 1 1 1 More Alaska 2,053 12 2 75 48 More S Dakota 2,041 15 3 32 63 More Montana 1,956 18 4 27 34 More Ark, E 1,688 23 5 7 41 More Ala, M 1,517 15 6 44 44 More Ala, S 1,394 10 7 42 25 More Iowa, N 1,350 15 8 18 37 More W Virg, S 1,256 9 9 84 69 More Okla, W 1,165 21 10 48 80 More Table 3. Top 10 Districts (per ten million people)
The Eastern District of Missouri (St. Louis) — with 2752 convictions as compared with 350.7 convictions per ten million population in the United States — was the most active during August 2023. The Eastern District of Missouri (St. Louis) was ranked 1 a year ago, while it was ranked 1 for most frequent use five years ago.
The District of Alaska ranked 2nd.
District of South Dakota is now ranking 3rd.
Recent entrants to the top 10 list were Northern District of Iowa (Cedar Rapids), now ranked 8th , and Montana at 4th In the same order, these districts ranked 18th and 27th one year ago and 37th and 34th five years ago.
The federal judicial district which showed the greatest growth in the rate of weapons convictions compared to one year ago — 250 percent — was Southern District of West Virginia (Charleston). Compared to five years ago, the district with the largest growth — 645.5 percent — was Western District of Oklahoma (Oklahoma City).
In the last year, the judicial District Court recording the largest drop in the rate of weapons convictions — 28 percent — was Eastern District of Missouri (St. Louis). But over the past five years, Alaska showed the largest drop — 28.1 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 resulting in convictions of this type during August 2023 are shown in Table 4.
Judge Count Rank Clark, Stephen Robert, Sr. Mo, E 10 1 More Oetken, James Paul N. Y., S 10 1 More Stadtmueller, Joseph Peter Wisc, E 10 1 More Phillips, Mary Elizabeth Mo, W 9 4 More Watters, Susan Pamela Montana 9 4 More Viken, Jeffrey Lynn S Dakota 9 4 More Baker, Kristine Gerhard Ark, E 8 7 More Jung, William Frederic Fla, M 8 7 More Dever, James C., III N Car, E 8 7 More Pepper, Pamela Wisc, E 8 7 More Table 4. Top Ten Judges
A total of 4 out of the "top ten" judges were in districts which were in the top ten with the largest number of weapons convictions per capita, while the remaining 6 judges were from other districts.
Judges Stephen Robert Clark, Sr. in the Eastern District of Missouri (St. Louis), James Paul Oetken in the Southern District of New York (Manhattan) and Joseph Peter Stadtmueller in the Eastern District of Wisconsin (Milwaukee) ranked 1st with 10 convicted in weapons convictions.
Report Generated: October 6, 2023
