After President Donald Trump pardoned the January 6 rioters last month, The Trace explored how many of them had gun-related charges stemming from the insurrection. We analyzed court documents and found that at least eight people were hit with gun charges when law enforcement served January 6-related search warrants on their homes and found illegal weapons.
Now, at least four of them could see their gun cases dropped.
The Department of Justice moved on February 20 to dismiss gun charges against Daniel Ball, who was found with a 22-caliber rifle when he was arrested at his Florida home in 2023. Authorities had accused Ball of throwing an explosive device at the Capitol on January 6, injuring at least 25 officers.
The Justice Department gave no reason for its decision, citing only Trump’s pardon in a three-paragraph filing asking the judge to drop the case. If the judge agrees, Ball will be released, but he will still be prohibited from gun possession because of prior felonies, including one for domestic violence.
Federal prosecutors are also seeking to dismiss the case against Elias Costianes, who was arrested at his home in Maryland after he allegedly breached the Capitol and filmed it. A search of his home uncovered four guns and cocaine. He pleaded guilty to gun possession by an unlawful user of a controlled substance and was sentenced to a year in prison, which he began serving last month.
On February 19, prosecutors filed an emergency motion arguing that Costianes “should be immediately released from custody” because the president’s pardon covers not just the January 6 riot but any cases stemming from it.
With one rioter, the Justice Department filed documents arguing that the pardon covers any peripheral charges but stopped short of explicitly asking for the gun case to be dismissed.
Jeremy Brown, a member of the Oath Keepers and a former member of the United States Army Special Forces, was found with hand grenades and two weapons when police searched his Florida home upon his arrest for allegedly breaching the Capitol. Trump’s pardon resulted in Brown’s misdemeanor riot charges being dismissed, but he is still on the hook for federal gun charges, for which he was sentenced to seven years in prison in 2023.
In a February 25 filing, the acting U.S. attorney from the Middle District of Florida wrote that “offenses of conviction in this case are intended to be covered by this Pardon,” presumably referring to Brown’s gun charges.
Meanwhile, the U.S. attorney in Washington, D.C., moved to dismiss gun charges for Daniel Edwin Wilson, who was found in illegal possession of six guns during his 2023 arrest for the Capitol riot. “The Presidential Pardon includes a pardon for the firearm convictions to which the defendant pled,” the U.S. attorney argued.
Three rioters who accrued gun charges upon their arrests aren’t eligible for the expanded pardon because their gun cases were brought by state prosecutors. The president’s pardon power only covers federal charges.
Notably, the Justice Department did not appear to request the release of Benjamin Martin, who was found with a safe full of firearms when the FBI searched his Florida home in 2021. Martin is not allowed to possess firearms because of a misdemeanor domestic violence conviction, which triggers a lifetime gun prohibition. Martin’s attorney claimed the guns belong to his fiancée.
In December, federal judges sentenced Martin to several years in prison for January 6-related counts and weapons charges. He reported to prison in January, where he remains.
Trace reporter Chip Brownlee contributed to this story.
