AMENDMENT 478

Amendment: The Commentary to §2A4.1 captioned "Background" is amended in the third paragraph by deleting:

"or to facilitate the commission of another offense. Should the application of this guideline result in a penalty less than the result achieved by applying the guideline for the underlying offense, apply the guideline for the underlying offense (e.g., §2A3.1, Criminal Sexual Abuse).",

and inserting in lieu thereof:

"(subsection (b)(1)) or involves another federal, state, or local offense that results in a greater offense level (subsections (b)(7) and (c)(1)).".

The Commentary to §2K1.3 captioned "Application Notes" is amended in Note 4 by inserting "(federal, state, or local)" immediately following "any offense".

The Commentary to §2K1.3 captioned "Application Notes" is amended in Note 8 by inserting "(which may be a federal, state, or local offense)" immediately before "is".

The Commentary to §2K2.1 captioned "Application Notes" is amended in Note 7 by inserting "(federal, state, or local)" immediately following "any offense".

The Commentary to §2K2.1 captioned "Application Notes" is amended in Note 14 by inserting "(which may be a federal, state, or local offense)" immediately before "is".

The Commentary to §2K2.1 captioned "Application Notes" is amended by inserting the following additional note:

"19. The enhancement under subsection (b)(4) for a stolen firearm or a firearm with an altered or obliterated serial number applies whether or not the defendant knew or had reason to believe that the firearm was stolen or had an altered or obliterated serial number.".

Reason for Amendment: This amendment clarifies that the terms "another offense" and "other offense" in §2A4.1(b)(7), and "felony offense," "another felony offense," "another offense," and "other offense" in §§2K1.3 and 2K2.1, refer to federal, state, or local offenses. In addition, this amendment clarifies that the enhancement in §2K2.1(b)(4) applies whether or not the defendant knew or had reason to believe the firearm was stolen or had an altered or obliterated serial number.

Effective Date: The effective date of this amendment is November 1, 1993.