Section 922(g) Firearms

Population Snapshot

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Of the 64,124 cases reported in FY 2023, 8,040 involved convictions under 18 U.S.C. § 922(g).[1] Section 922(g) prohibits certain persons from shipping, transporting, possessing, or receiving a firearm or ammunition while subject to a prohibition from doing so most commonly because of a prior conviction for a felony offense. Of the 8,040 individuals, 88.5% were convicted under 18 U.S.C. § 922(g)(1) because of a prior felony conviction.

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Individual and Offense Characteristics

 

 

  • 97.9% of section 922(g) individuals were men.
     
  • 58.8% were Black, 21.6% were White, 16.5% were Hispanic, and 3.2% were Other races.
     
  • Their average age was 36 years. 
     
  • 95.9% were United States citizens.
     
  • 26.2% were in the highest Criminal History Category (Criminal History Category VI);
    • 7.4% were CHC I;
    • 9.1% were CHC II;
    • 20.9% were CHC III;
    • 20.7% were CHC IV;
    • 15.7% were CHC V.
       
  • The top five districts for section 922(g) individuals were:
    • Eastern District of Missouri (367);
    • Northern District of Texas (277);
    • Northern District of Ohio (259);
    • Western District of Texas (224);
    • Western District of Missouri (211).
       
  • Districts with the highest proportion of section 922(g) cases were:
    • Middle District of Tennessee (42.2%);
    • Eastern District of Missouri (38.9%);
    • Northern District of Iowa (41.6%);
    • Northern District of Alabama (37.5%);
    • Middle District of North Carolina (36.3%).

       

 

 

Punishment

  • 97.5% of section 922(g) individuals were sentenced to prison; sentences varied widely by whether a mandatory minimum penalty applied in the case.
     
  • 16.2% of section 922(g) individuals were convicted of one or more statutes with a mandatory minimum penalty:
    • 2.3% were sentenced under 18 U.S.C. § 924(e), the Armed Career Criminal Act (ACCA);[2]
    • 5.7% were convicted of violating 18 U.S.C. § 924(c);
    • 8.1% were convicted of another statute carrying a mandatory minimum penalty, most of which were drug offenses.
  • The average sentence for all section 922(g) individuals was 68 months. 
    • The average sentence for individuals convicted of violating section 922(g) and sentenced under ACCA was 203 months.
    • The average sentence for individuals convicted of violating section 922(g) but not sentenced under ACCA was 65 months.

Sentences Relative to the Guideline Range

 

 

 

  • Of the 59.8% of section 922(g) individuals sentenced under the Guidelines Manual:[3]
    • 83.1% were sentenced within the guideline range.
       
    • 9.4% received a substantial assistance departure. 
      • Their average sentence reduction was 47.9%.
    • 5.9% received some other downward departure. 
      • Their average sentence reduction was 37.8%.
  • 40.2% received a variance; of those individuals: 
    • 89.1% received a downward variance. 
      • Their average sentence reduction was 35.5%.
    • 10.9% received an upward variance. 
      • Their average sentence increase was 52.4%.
  • The average guideline minimum fluctuated and the average sentence imposed remained steady over the past five years.
    • The average guideline minimum increased and decreased throughout the fiscal years. The average guideline minimum was 71 months in fiscal year 2019 and 78 months in fiscal year 2023. 
    • The average sentence imposed decreased from 64 months in fiscal year 2018 to 63 months in fiscal year 2022.

 

 

 

 

[1] Cases with incomplete sentencing information were excluded from the analysis.

[2] 18 U.S.C. § 924(e) requires a 15-year mandatory minimum penalty be imposed on individuals convicted of violating section 922(g) with three previous convictions for a violent felony or serious drug crime.

[3] "Early Disposition Program" (or EDP) departures are departures where the government sought a sentence below the guideline range because the defendant participated in the government’s Early Disposition Program, through which cases are resolved in an expedited manner. See USSG §5K3.1.

SOURCE: United States Sentencing Commission, FY 2019 through FY 2023 Datafiles, USSCFY19-USSCFY23.

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