18 U.S.C. § 924 – Penalties (firearms use in crimes and armed career criminal enhancements)
This statute explains the federal penalties for firearm offenses, including using a gun during a crime and sentencing enhancements for repeat offenders.
Section 924 lists the punishments for violating the federal firearm laws in Section 922. It covers penalties for possessing a gun illegally, using a firearm during certain crimes, trafficking offenses, and enhanced penalties for people with serious prior convictions.
(a) General penalties.
People who violate different parts of Section 922 can face fines, prison time, or both. The punishment depends on which subsection was violated and the person’s criminal history.
(c) Using or carrying a firearm during a crime.
A person faces extra penalties if they use or carry a firearm during a violent crime or drug trafficking crime. These penalties are added on top of the sentence for the underlying offense. They include:
- mandatory prison terms,
- longer penalties if the firearm is brandished or discharged, and
- even higher penalties for using certain types of weapons, such as machineguns or destructive devices.
(e) Armed Career Criminal Act (ACCA).
A person convicted of unlawfully possessing a firearm under Section 922(g) faces a much higher mandatory minimum sentence if they have three or more prior convictions for certain violent felonies or serious drug offenses.
(i) Theft or trafficking of firearms.
The statute includes penalties for stealing firearms, possessing stolen guns, or trafficking guns across state lines. Punishment may include prison time, fines, or both.
(k) Machineguns and certain prohibited weapons.
Possessing or transferring a machinegun, short-barreled rifle or shotgun, or a silencer in violation of federal law carries enhanced penalties.
(o) Firearms with altered or removed serial numbers.
It is illegal to possess or transport a firearm with a removed, altered, or destroyed serial number, and violations carry additional penalties.
For questions about federal firearm penalties or related charges, call (314) 900-HELP or contact our criminal defense team.
