Mandatory Minimum Penalties for Firearms Offenses in the Federal Criminal Justice System

This publication focuses on the application of mandatory minimum penalties specific to firearms offenses,5 which are the second most common offenses carrying mandatory minimum penalties in the federal system following drug offenses. Firearms offenses accounted for 16.8 percent of the offenses carrying a mandatory minimum penalty in fiscal year 2016.6

Using fiscal year 2016 data, this publication includes analyses of the two statutes carrying a firearms mandatory minimum penalty, 18 U.S.C. § 924(c) (relating to using or possessing firearms in furtherance of drug trafficking or crimes of violence) and the Armed Career Criminal Act, 18 U.S.C. § 924(e), as well as the impact of those provisions on the Federal Bureau of Prisons (BOP) population. Where appropriate, the publication highlights changes and trends since the Commission’s 2011 Mandatory Minimum Report.

1 Section One: Introduction

3 Section Two: Key Findings

7 Section Three: Firearms Mandatory Minimums

8 Statutory Mandatory Minimum Provisions Applicable to Federal Firearms Offenses

8 18 U.S.C. § 924(c)

9 The Armed Career Criminal Act, 18 U.S.C. § 924(e)

11 Statutory and Guideline Relief Provisions

13 Section Four: Data Analysis

14 The Commission’s Updated Study of Firearms Mandatory Minimum Penalties

15 Recent Trends in Mandatory Minimum Penalties

16 Overall Prevalence of Firearms Offenses Carrying Mandatory Minimum Penalties

19 18 U.S.C. § 924(c) 19 Prevalence of 18 U.S.C. § 924(c) Offenses

23 Other Counts of Conviction 24 Offender Demographics

26 Criminal History 27 Plea and Trial Rates

27 Relief from Mandatory Minimum Penalties

31 Sentencing of Offenders Convicted Under Section 924(c)

36 Armed Career Criminal Act, 18 U.S.C. § 924(e) 36 Prevalence of 18 U.S.C. § 924(e) Offenses

37 Plea and Trial Rates 38 Offender Demographics

39 Criminal History 40 Relief from Mandatory Minimum Penalties

42 Sentencing of Armed Career Criminals

44 Impact of Firearms Mandatory Minimum Penalties on the Federal Prison Population

45 Federal Firearms Offender Population Overall

48 Federal Firearms Offenders in the Federal Prison Population – By Race

52 Federal Firearms Offenders in the Federal Prison Population – By Gender

56 Federal Firearms Offenders in the Federal Prison Population – By Citizenship

61 Section Five: Conclusion 63 Endnotes

71 Appendices U

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