18 U.S.C. § 924(c) – Possession of firearm during drug trafficking or violent crime

18 U.S.C. § 924(c) – Possession of Firearm During Drug Trafficking or Violent Crime

18 U.S.C. § 924(c) is a federal law that prohibits the use or carrying of a firearm during a violent crime or drug trafficking offense. It’s a common charge in federal court that can lead to long mandatory minimum sentences on top of the sentence for the underlying crime. Let’s break down what it is, how it works, and what defenses you might have.

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

There’s a few things that 18 U.S.C. § 924(c) prohibits:

• Using or carrying a firearm during a crime of violence or drug trafficking crime
• Possessing a firearm in furtherance of a crime of violence or drug trafficking crime
• Possessing a firearm while committing a crime that provides enhanced punishment if committed with a deadly weapon

It’s basically tacking on additional punishment if you use, carry, or possess a gun while committing another serious federal felony offense. The most common predicates are drug trafficking offenses, robbery, or murder/manslaughter.

Penalties for 18 U.S.C. § 924(c)

The penalties for a 18 U.S.C. § 924(c) conviction depend on whether it’s your first or a repeat offense:

• First Offense: Minimum 5-10 years added on top of the sentence for the underlying crime, up to life imprisonment. $250,000 max fine.
• Second Offense: Minimum 25 years added on, up to life imprisonment. $250,000 max fine.

These mandatory minimums must be served consecutively to any other sentence imposed, even for the underlying crime. That’s what makes § 924(c) so serious – it can add decades to a sentence even for a first offense.

What Qualifies as a “Crime of Violence”?

Not every federal felony can be a predicate for a § 924(c) charge. It has to be a “crime of violence” or a “drug trafficking crime.” Here’s how federal law defines those:

• Crime of violence – Felony offense that either A) has use/threat of force as an element, or B) involves a substantial risk that force may be used (the so-called “residual clause”)
• Drug trafficking crime – Any felony under the federal drug laws, or any state drug felony

The residual clause has been struck down as unconstitutionally vague by the U.S. Supreme Court[1]. So now, an offense like Hobbs Act robbery has to actually have use of force as an element to qualify.

Can You Be Charged With § 924(c) as Part of a Conspiracy?

Yes, even if you personally didn’t use or possess the gun, you can be charged under § 924(c) as part of a conspiracy. The law says that anyone who “conspires” to violate § 924(c) faces up to 20 years imprisonment. So prosecutors will charge all members of a robbery or drug conspiracy under § 924(c) if one member possessed a gun.

Defenses to § 924(c) Charges

Some potential defenses to fight § 924(c) charges include:

• You didn’t “use” or “carry” the gun – mere possession isn’t enough
• The gun wasn’t connected to the underlying crime
• You weren’t involved in the conspiracy/crime at all
• The predicate crime doesn’t qualify as a “crime of violence”

The key is breaking the link between the firearm and the underlying offense. If the gun was possessed for some other reason, not to facilitate or further the crime, then § 924(c) may not apply.

Seeking an Experienced Federal Criminal Defense Lawyer

Charges under 18 U.S.C. § 924(c) need to be taken very seriously given the substantial prison time involved. Having an experienced federal criminal defense lawyer investigate the charges and advise you of all potential defenses is critical.

Don’t leave your fate to chance. Consult with a lawyer today about fighting § 924(c) charges and avoiding extremely long mandatory minimum sentences.

References

[1] U.S. v. Davis, 588 U.S. ___ (2019)