Federal firearm charge under 18 USC 924(c)

Understanding Federal Firearms Charges: 18 U.S.C. § 924(c)

Federal firearms charges are among the most serious criminal offenses prosecuted in the United States, and one of the most commonly charged statutes is 18 U.S.C. § 924(c). This law targets individuals who use or carry a firearm during and in relation to certain federal crimes, or who possess a firearm in furtherance of such crimes. A conviction under this statute carries significant mandatory minimum prison sentences, often served consecutively to other sentences.

What Does 18 U.S.C. § 924(c) Prohibit?

18 U.S.C. § 924(c)(1)(A) makes it a federal crime to:

  *   Use or carry a firearm during and in relation to any crime of violence or drug trafficking crime; or
  *   Possess a firearm in furtherance of any such crime.

The key point is that the firearm must be linked to a qualifying underlying offense, typically:

  *   A crime of violence, or
  *   A drug trafficking crime, both as defined under federal law.

Elements of a 924(c) Offense

To secure a conviction under 18 U.S.C. § 924(c), federal prosecutors must prove beyond a reasonable doubt the following elements:

  1.  The defendant committed or attempted to commit a qualifying predicate offense, such as a drug trafficking crime or a crime of violence.
  2.  The defendant used, carried, or possessed a firearm in one of the following ways:
     *   Used or carried the firearm “during and in relation to” the crime, or
     *   Possessed the firearm “in furtherance of” the crime.

Let’s break those terms down:

  *   “During and in relation to”: This means the firearm must have played a role in the crime or have the potential to facilitate it.
  *   “In furtherance of”: This usually implies that the gun helped advance or promote the criminal activity (e.g., keeping a gun close during a drug deal for protection or intimidation).

Penalties for 18 U.S.C. § 924(c) Violations

The penalties under this statute are harsh, with mandatory minimum sentences that must be served consecutively to any sentence for the underlying crime.

Basic Penalties:

  *   Minimum 5 years: Possessing, using, or carrying a firearm.
  *   Minimum 7 years: If the firearm is brandished (i.e., displayed in a threatening manner).
  *   Minimum 10 years: If the firearm is discharged.
  *   Minimum 10 years: If the firearm is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon.
  *   Minimum 30 years: If the firearm is a machine gun or equipped with a silencer, or if it’s used during a second or subsequent conviction under this statute.

Important Notes:

  *   Consecutive Sentences: Any sentence under § 924(c) must run consecutively to the sentence for the underlying offense, meaning it’s added on top of the sentence for the drug trafficking or violent crime.
 

Legal Defenses to a 924(c) Charge

Some possible defenses include:

  *   No qualifying predicate offense: If the underlying crime is not a crime of violence or a drug trafficking crime, § 924(c) doesn’t apply.
  *   No nexus to the firearm: The prosecution must prove the gun was actively used, carried, or possessed in relation to the crime.
  *   Constructive possession: If the firearm was merely nearby, without clear connection to the crime, that may not be enough.

Additionally, recent Supreme Court decisions, such as United States v. Davis (2019), have narrowed the definition of what constitutes a “crime of violence” under § 924(c), providing further grounds for legal challenges.

Conclusion

Federal prosecutors take 18 U.S.C. § 924(c) violations extremely seriously. Even first-time offenders can face long mandatory minimums, and the stakes only rise with each additional count or if the firearm is brandished or discharged. Defendants facing these charges should seek experienced federal criminal defense counsel as early as possible. Matthew Galluzzo is a former Manhattan prosecutor and experienced federal criminal defense attorney working in New York, New Jersey and Connecticut. He has successfully defended many people accused of federal firearms crimes. If you or a loved one have been accused of violating the federal firearms laws, you should strongly consider contacting Mr. Galluzzo to discuss his legal services.