Possessing A Firearm While Committing A Crime: What You Need To Know

So you got caught with a gun while committing a crime, huh? That’s bad news. The feds don’t mess around when it comes to firearms and criminal activity. But don’t panic just yet – let’s break down the law and see what you’re really looking at.

The Law – 18 U.S.C. § 924(c)

This law makes it a separate federal crime to use, carry, or possess a firearm in furtherance of a violent crime or drug trafficking crime. Even if you aren’t charged with the underlying crime, you can be convicted under 924(c) just for having the gun.

The penalty is steep: 5 years minimum for the first offense (served consecutively with any other sentence), and 25 years for each subsequent offense. That’s on top of whatever sentence you get for the original crime. Not fun.

Some key things to know:

• “In furtherance of” means the gun helped you commit the crime in some way. It doesn’t have to be fired or even displayed. Just having it can be enough.
• The underlying crime has to be a “crime of violence” or a drug trafficking offense. Things like robbery, assault, murder, drug sales, etc.
• The feds can stack 924(c) counts. If you use multiple guns, you can be charged separately for each one.

What Qualifies As Possession?

You don’t need to physically have the gun on you to be charged under 924(c). Constructive possession is enough. That means the gun was readily accessible to you, like:

• In your car while committing the crime
• At your house while dealing drugs
• In your accomplice’s backpack during a robbery

The law casts a wide net. Be aware that proximity to a firearm is dangerous when engaged in crime.

Sentencing Considerations

As mentioned, 924(c) carries a steep sentence even for first offenses. But it’s not always as cut-and-dry as it seems. Here are some factors that could potentially help reduce the sentence:

• Lack of criminal history – no prior convictions makes a big difference
• Minimal role in the crime – if you weren’t the ringleader, that helps
• Acceptance of responsibility – pleading guilty shows remorse
• Unloaded firearm – if it wasn’t ready to fire, the sentence may go down
• Cooperation with authorities – testifying against co-defendants is rewarded

On the flip side, here are some aggravating factors that make it worse:

• Prior felonies or 924(c) convictions – you’ll face the 25 year minimum
• Firearm was discharged – even if no one was hurt, adding violence escalates it
• Large drug quantities or high position in trafficking organization – leadership roles draw heavier punishment
• Possession of multiple firearms – each gun can be a separate 924(c) charge
• Firearm was stolen or had an obliterated serial number – that shows criminal intent

Defenses That May Work

Given the broad nature of 924(c), winning at trial is an uphill battle. But there are some defenses that could potentially succeed:

• You didn’t actually possess the gun – if you can show it wasn’t yours or under your control, you may beat the charge.
• The gun was unrelated to the crime – if you can convince the jury it was coincidental and not used “in furtherance of”, you may prevail.
• Wrongful police conduct – if the cops violated your rights in obtaining evidence, the case could get tossed.
• Entrapment – if you can prove you were induced by police to commit the crime, you have a shot.

These are all tough sells, but skilled lawyers have won 924(c) cases with the right facts. Don’t give up hope.

Bottom Line

Getting caught with a gun during criminal activity is extremely serious. The feds throw the book at 924(c) offenders. While the mandatory minimums are daunting, experienced counsel may find sentencing reductions and trial defenses. Don’t go down without a fight. Know your rights, and consult an attorney about the best strategy for your situation. Stay strong – you’ve got this!