Federal Firearms Penalties Calculator
Calculate estimated federal firearms penalties including 18 U.S.C. § 924(c) mandatory minimums, stacking provisions, and consecutive sentences. Understand potential penalties for federal firearms offenses and firearm enhancements to underlying felonies.
Critical Legal Notice: Federal firearms charges under 18 U.S.C. § 924(c) carry mandatory minimum sentences that must be served consecutively (back-to-back) with any sentence for the underlying offense. These sentences cannot be reduced for good behavior and parole is not available. Immediate consultation with a qualified federal criminal defense attorney is essential.
Step 1: Federal Firearms Prosecution Statistics
Key Fact: 18 U.S.C. § 924(c) violations carry mandatory minimum sentences that cannot be reduced and must be served consecutively to any sentence for the underlying federal offense. This means defendants serve the 924(c) sentence in addition to, not instead of, the underlying offense sentence.
Step 2: Comprehensive Legal Guide to Federal Firearms Penalties
18 U.S.C. § 924(c) Overview
Section 924(c) of Title 18 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 to possess a firearm in furtherance of any such crime. This statute has three key penalty tiers:
- Possession: 5-year mandatory minimum
- Brandishing/Display: 7-year mandatory minimum
- Discharge/Use: 10-year mandatory minimum
Stacking Provisions & Consecutive Sentences
🚨 CRITICAL LEGAL DISTINCTION: Post-First Step Act Rules
Multiple Counts in Same Case: Each 924(c) count runs consecutive at its base minimum (5/7/10/30 years). NO automatic 25-year enhancements.
Prior 924(c) Conviction (Recidivist): 25-year mandatory minimum applies ONLY when defendant has a prior final 924(c) conviction from a different case.
Common Error: Pre-First Step Act cases incorrectly applied 25-year minimums to all second counts. This is no longer the rule.
Critical: Mandatory Consecutive Sentences
All 924(c) sentences must be served consecutively to:
- • The underlying federal offense
- • Any other 924(c) counts (stacking)
- • Other federal sentences
Post-First Step Act Stacking Rules (Multiple Counts in Same Case):
- First 924(c) count: Standard mandatory minimum (5, 7, or 10 years based on conduct; 30 years for enhanced weapons)
- Additional counts in same case: Each runs consecutive at its applicable minimum (5/7/10/30 years)
- Prior 924(c) conviction (recidivist): 25-year mandatory minimum applies when defendant has prior final 924(c) conviction
Example: Defendant with 2 drug trafficking counts involving firearms (discharge): First count = 10 years, Second count = 10 years. Total 924(c) time = 20 years consecutive to drug sentences. Note: No automatic 25-year enhancement for multiple counts in same case.
Recidivist Example: Defendant with prior 924(c) conviction charged with new 924(c) offense: 25-year mandatory minimum regardless of conduct level.
Enhanced Penalties by Firearm Type
Standard Firearms (5-10 years)
- • Handguns/pistols
- • Rifles
- • Shotguns
Enhanced Weapons (30-year minimum)
- • Machine guns/automatic weapons (30 years)
- • Firearms with silencers/suppressors (30 years)
- • Destructive devices (30 years)
Short-Barrel Weapons (10-year minimum)
- • Short-barrel rifles/shotguns (10 years under § 924(c)(1)(B)(i))
Impact of Prior 924(c) Convictions
Second or Subsequent 924(c) Offense: 25-year mandatory minimum regardless of conduct level. This applies when defendant has a prior final conviction under 924(c).
Armed Career Criminal Act (18 U.S.C. § 924(e)): If defendant is also charged with felon in possession and has 3+ prior violent felonies or serious drug offenses, 15-year mandatory minimum applies to the 922(g) charge.
Possession vs. Use vs. Discharge Distinctions
Possession (5 years)
Knowingly possessing a firearm in furtherance of the federal offense. Includes having firearm nearby, accessible, or available to advance the crime.
Brandishing/Display (7 years)
Making the firearm visible or known to another person to intimidate or threaten. Includes showing the weapon to victims or accomplices.
Discharge/Use (10 years)
Firing the weapon or using it to strike someone. Any intentional discharge qualifies regardless of whether anyone was injured.
Step 3: Additional Resources & Considerations
Federal vs. State Jurisdictional Issues
Federal Jurisdiction Requirements:
- Firearm traveled in interstate commerce (almost always satisfied)
- Underlying offense must be federal crime of violence or drug trafficking crime
- Connection between firearm and federal offense
Dual Jurisdiction: Many firearms offenses can be prosecuted in both federal and state court. Federal prosecutors typically pursue cases with:
- Repeat offenders or career criminals
- Serious underlying offenses
- Multi-state criminal activity
- Cases involving prohibited persons (felons, domestic violence restraining orders)
Common Defense Strategies
Challenging the Elements
- • Lack of knowledge of firearm presence
- • No connection between firearm and underlying offense
- • Temporal proximity issues
- • Constructive vs. actual possession
Procedural Defenses
- • Fourth Amendment violations (illegal search)
- • Miranda rights violations
- • Chain of custody issues
- • Suppression of evidence
Recent Legal Developments
Key Supreme Court Cases
- Dean v. United States (2024): Clarified "use" requirement and temporal proximity between firearm and underlying offense
- Wooden v. United States (2022): Limited stacking provisions when offenses arise from same criminal episode
- Rehaif v. United States (2019): Government must prove defendant knew of status disqualifying him from possessing firearms
Critical Considerations
- • No parole in federal system - defendants serve at least 85% of sentence
- • 924(c) sentences cannot be reduced for substantial assistance/cooperation
- • Early plea negotiations are crucial due to mandatory minimums
- • Cooperation agreements must be structured carefully around 924(c) charges
- • Collateral consequences include lifetime firearms prohibition
Calculate Federal Firearms Penalties
Legal Disclaimer
This calculator provides estimates based on federal firearms statutes including 18 U.S.C. §§ 922, 924(c), and 924(e). Actual sentences may vary significantly based on specific case facts, judicial discretion, plea agreements, cooperation, and other factors. Federal firearms charges carry severe mandatory minimum penalties that must be served consecutively. Consult with a qualified federal criminal defense attorney immediately for advice regarding your specific situation.
Legal Citations: 18 U.S.C. §§ 922, 924(c), 924(e); Federal Sentencing Guidelines Manual
Last Updated: 9/22/2025