Amendment: Section 2K2.1(b)(1) is amended in the table by striking subdivisions (A) through (F) as follows:
|(F)||50 or more||add 6.",|
and inserting the following:
|(E)||200 or more||add 10.".|
The Commentary to §2K2.1 captioned "Application Notes" is amended in Note 16 by striking "significantly" and inserting "substantially"; and by striking "fifty" and inserting "200".
Reason for Amendment: This amendment responds to a recommendation from the Bureau of Alcohol, Tobacco and Firearms (ATF) to increase the penalties in §2K2.1 (Unlawful Receipt, Possession or Transportation of Firearms or Ammunition) for offenses involving more than 100 firearms.
The amendment modifies the firearms table at §2K2.1(b)(1), to provide enhancements in two-level increments. Prior to this amendment, the table provided enhancements in one-level increments. This change has the effect of compressing the table by providing a wider range in each subdivision of the table for the number of firearms involved in the offense. Compressing the table in this manner diminishes some of the fact-finding required to determine how many firearms were involved in the offense and provides some increase in penalties. The amendment provides additional two-level increases for offenses that involve either 100-199 firearms, or 200 or more firearms. These increases are provided to ensure adequate and proportionate punishment in cases that involve large numbers of firearms.
The amendment also makes a conforming change to Application Note 16 of §2K2.1 regarding upward departures.
Effective Date: The effective date of this amendment is November 1, 2001.