Judge Bars Gun Access to Defendant Who Played Part in Jan. 6 Riot

WASHINGTON — A federal judge’s gun rights decision last week blocking a Jan. 6 Capitol riot defendant’s handgun access appears to set a precedent in interpreting a key Supreme Court decision last year.

Chief U.S. District Judge James E. Boasberg temporarily barred gun possession by Daniel Shaw, who pleaded guilty to one misdemeanor count of parading, demonstrating or picketing.

He entered the Capitol on Jan. 6, 2021, despite knowing police were using stun guns and tear gas to keep insurrectionists out. He did not commit vandalism or violence against anyone.

Shaw, 56, was sentenced to two years’ probation after 10 days of incarceration. He argued that the misdemeanor should not ban him from having a legally purchased gun in light of the Supreme Court’s ruling last June in New York State Rifle & Pistol Association v. Bruen.  

The court ruled that carrying a gun in public was a constitutional right under the Second Amendment, thereby overriding a New York state law requiring gun applicants to show a “proper cause” for a concealed weapon. “Proper cause” normally meant uncontroverted proof of a risk of death by criminals.

Since then, courts continue to routinely affirm prohibitions on gun possession by felons. Boasberg’s decision might be the first to continue the prohibition as a misdemeanor probation condition.

“[W]hile Shaw’s role in the mob was minor, the fact of his participation in an insurrection whose aim was to impair the peaceful transfer of power suggests that a firearms restriction during his probationary period is appropriate,” Boasberg wrote for U.S. District Court for the District of Columbia. “The nature of that event puts Shaw’s offense very far from the types of negligent infractions that some circuits have held do not warrant a firearms restriction.”

The Justice Department’s criminal complaint says, “The defendant and his minor son entered the U.S. Capitol via the Rotunda Doors at approximately 3:02 p.m. and entered the Rotunda. During their entry, the alarm was sounding from inside of the Capitol and the glass embedded in the Rotunda Doors was shattered. While in the U.S. Capitol the defendant took photographs and videos with his cellular telephone. The defendant and his minor son exited and left the U.S. Capitol at approximately 3:16 p.m.”

Shaw said he has previously used guns as a hunter with his son and friends and sometimes kept one nearby for self-defense. He had no record of misuse.

Boasberg said there were other considerations, such as the fact Shaw already was on probation for driving under the influence with a minor child.

The gun prohibition could prevent additional offenses, protect public safety and make Shaw’s court-ordered supervision during probation easier, the judge said.

The case is United States of America v. Daniel Shaw, Case No.: 22-CR-1 (EGS) : 40 U.S.C. § 5104(e)(2)(G) (2023).

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