2005 Federal Sentencing Guidelines
Chapter 2 - PART
K - OFFENSES INVOLVING PUBLIC SAFETY
§2K2.5. Possession of Firearm or Dangerous Weapon in Federal Facility;
Possession or Discharge of Firearm in School Zone
(a) Base Offense Level: 6
(b) Specific Offense Characteristic
(1) If --
(A) the defendant unlawfully possessed or caused any firearm or dangerous
weapon to be present in a federal court facility; or
(B) the defendant unlawfully possessed or caused any firearm to be present
in a school zone,
increase by 2 levels.
(c) Cross Reference
(1) If the defendant used or possessed any firearm or dangerous weapon in
connection with the commission or attempted commission of another offense,
or possessed or transferred a firearm or dangerous weapon with knowledge
or intent that it would be used or possessed in connection with another offense,
(A) §2X1.1 (Attempt, Solicitation, or Conspiracy) in respect to that
other offense if the resulting offense level is greater than that determined
(B) if death resulted, the most analogous offense guideline from Chapter
Two, Part A, Subpart 1 (Homicide), if the resulting offense level is greater
than that determined above.
Statutory Provisions: 18
U.S.C. §§ 922(q), 930; 40 U.S.C. §
1. "Dangerous weapon" and "firearm" are defined in the Commentary to §1B1.1
2. "Federal court facility" includes the courtroom; judges’
chambers; witness rooms; jury deliberation rooms; attorney conference rooms;
prisoner holding cells; offices and parking facilities of the court clerks,
the United States attorney, and the United States marshal; probation and
parole offices; and adjoining corridors and parking facilities of any court
of the United States. See 18
U.S.C. § 930(f)(3).
3. "School zone" is defined at 18 U.S.C. § 922(q). A sentence of imprisonment
under 18 U.S.C. § 922(q) must run consecutively to any sentence of imprisonment
imposed for any other offense. In order to comply with the statute, when the
guideline range is based on the underlying offense, and the defendant is convicted
both of the underlying offense and 18 U.S.C.
§ 922(q), the court should apportion the sentence between the count
for the underlying offense and the count under 18 U.S.C.
§ 922(q). For example, if the guideline range is 30-37 months and the
court determines "total punishment" of 36 months is appropriate, a sentence
of 30 months for the underlying offense, plus 6 months under 18 U.S.C. § 922(q)
would satisfy this requirement.
4. Where the firearm was brandished, discharged, or otherwise used, in a
federal facility, federal court facility, or school zone, and the cross reference
from subsection (c)(1) does not apply, an upward departure may be warranted.
Historical Note: Effective
November 1, 1989 (see Appendix
C, amendment 191). Amended effective November 1, 1991 (see Appendix
C, amendment 374); November 1, 2003 (see Appendix
C, amendment 661).