Understanding Mandatory Minimums in Federal Firearms Cases in NYC

Understanding Mandatory Minimums in Federal Firearms Cases in NYC

If you’ve been charged with a federal firearms offense in New York City, you may be facing some stiff mandatory minimum sentences. These mandatory minimums set a baseline for how long you’ll spend behind bars if convicted – and judges have little leeway to go below them, even if they think the sentence is too harsh.

With gun violence on the rise in NYC[1], law enforcement has been cracking down hard on illegal weapons. And due to various federal laws, many gun charges carry mandatory minimum prison terms upon conviction. So understanding these mandatory minimum sentences is crucial if you find yourself facing federal weapons charges.

What Are Mandatory Minimum Sentences?

Mandatory minimum sentences are set terms of imprisonment that must be imposed if a defendant is convicted of certain crimes. They constrain a judge’s ability to exercise discretion in sentencing based on the specific circumstances of a case.

For example, under federal law, simply possessing a firearm after three prior convictions for serious drug offenses carries a 15-year mandatory minimum sentence[2]. A judge cannot sentence below 15 years in such a case, no matter how minor the prior offenses or how compelling the defendant’s personal story.

Key Federal Firearms Laws With Mandatory Minimums

There are a few key federal firearms statutes that impose strict mandatory minimum sentences upon conviction in NYC:

• 18 U.S.C. § 924(c) – Using or carrying a firearm “during and in relation to any crime of violence or drug trafficking crime.”
  • 7-year mandatory minimum if brandished
  • 10-year mandatory minimum if discharged
  • Consecutive sentence on top of sentence for underlying crime
• 18 U.S.C. § 922(g) – Possession of a firearm by a prohibited person (felon, domestic violence misdemeanant, etc.).
  • 0-10 years imprisonment
  • 15-year mandatory minimum after 3 prior “serious drug offenses”
• 18 U.S.C. § 924(e) – Possession of a firearm by an armed career criminal
  • 15-year mandatory minimum
  • Definition includes prior violent felonies and serious drug offenses

As you can see, the mandatory minimum sentences for federal gun crimes are quite severe. And due to the broad reach of the “armed career criminal” and “prohibited person” definitions, many defendants can easily face 15+ year sentences under these laws.

Real-World Examples

To understand how these strict mandatory minimums play out, let’s look at some real cases of defendants sentenced under federal gun statutes in NYC:

1. Man Faces Over 16 Years for Selling 4 Handguns

In 2022, a Bronx man was arrested for selling 4 handguns to an undercover NYPD officer[3]. He had several prior felony convictions but no history of violence. Yet due to the mandatory minimums under § 924(c), he faced over 16 years in federal prison under the sentencing guidelines.

2. Man Gets 15 Years for Possessing Gun Found During Drug Arrest

A Manhattan man was sentenced to 15 years in 2018 for possessing a firearm[4]. The weapon was discovered when he was arrested for selling heroin. Despite no prior felonies, the 15-year mandatory applied due to prior “serious drug offenses.”

3. Man Faces 32 Years Mandatory Minimum for Robbery Conspiracy

In 2021, a Brooklyn man was convicted of conspiracy to commit Hobbs Act robbery for planning some jewelry store heists[5]. Although he never carried out the robberies, the fact that he planned to use guns meant he faced a whopping 32 years mandatory minimum at sentencing.

Defenses & Strategies

Fighting federal gun charges with stiff mandatory minimums in NYC takes experience and creativity. Typical strategies include:

• File suppression motions – Attack the legality of searches and seizures that produced guns/drugs
• Challenge predicate offenses – Argue prior convictions weren’t “serious” enough to trigger mandatory minimums
• Negotiate pleas – Try to plead to non-mandatory minimum charges or cooperate for reduced sentence
• Challenge sentence enhancements – Dispute applicability of sentencing enhancements that extend mandatory minimums
• Highlight mitigating factors – Can’t go below mandatory minimum but can argue for low-end of guideline range
• Appeal convictions or sentences – Appeal to higher courts if errors made in proceedings below

An experienced federal criminal defense lawyer will scour the facts of your case to find ways to avoid or reduce mandatory minimum sentences under the federal gun statutes.

The Future

There is growing recognition that mandatory minimums for non-violent gun possession offenses are overly harsh. The Sentencing Reform and Corrections Act, proposed in Congress, would reduce some federal mandatory minimums and make those reductions retroactive.

So while the current sentencing landscape remains severe, there is hope that reforms could provide relief to current and future defendants facing stiff federal prison terms in NYC gun cases.

The bottom line is that if you or a loved one is dealing with potential mandatory minimum sentences under federal firearms laws, you need an experienced defense lawyer in your corner. Don’t hesitate to explore all defense options and always fight prosecutors hard on issues of sentencing.

References

[1] NY Times article on rising NYC gun violence
[2] NY Times article on federal mandatory minimum case
[3] DOJ press release on Bronx gun trafficking case
[4] DOJ press release on 15-year mandatory minimum case
[5] DOJ press release on robbery conspiracy/gun case
FAMM article on reforming federal mandatory minimum gun laws