The Department of Justice aligned with former President Trump has renewed its effort to overturn the firearm conviction of Benjamin John Martin, a January 6 rioter previously convicted for possessing guns despite a prior misdemeanor domestic violence offense. In a recent filing, the DOJ asked the Ninth Circuit Court of Appeals to vacate Martin’s conviction, asserting the weapons charges emerged only as a consequence of investigating his Capitol-related actions.
Martin was pardoned by Trump along with other individuals involved in the January 6 events. The DOJ argued that this pardon should extend to Martin’s gun case since the firearm offenses were discovered exclusively during searches related to the Capitol incident. The filing emphasized that if not for Martin’s participation in the January 6 disturbances, his firearms violations would likely have remained undisclosed and unprosecuted.
This is not the first time the DOJ has sought this relief. A Ninth Circuit panel rejected a similar request in early 2025. In the latest filing, the department acknowledged the court’s prior decision but pressed for reconsideration due to resource constraints at the U.S. Attorney’s Office. The DOJ cited significant staffing shortages and a heavy caseload, highlighting numerous immigration cases to demonstrate its stretched capacity. The filing warned that continued litigation over Martin’s appeal would further strain limited resources, underscoring the practical implications behind their renewed motion.