Section 924(c) Firearms

Population Snapshot

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Of the 64,142 cases reported in FY 2022, 2,790 involved convictions under 18 U.S.C. § 924(c).[1] Offenses under 18 U.S.C. § 924(c) involve the use or carrying of a firearm during and in relation to a crime of violence or drug trafficking crime, or the possession of a firearm in furtherance of those crimes.

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Offender Characteristics

 

 

  • 96.1% of section 924(c) offenders were men.
     
  • 55.6% were Black, 20.9% were White, 20.7% were Hispanic, and 2.8% were Other races.
     
  • Their average age was 33 years.
     
  • 95.1% were United States citizens.
     
  • 23.4% had little or no prior criminal history (Category I);
    • 12.2% were CHC II;
    • 19.9% were CHC III;
    • 13.2% were CHC IV;
    • 10.3% were CHC V;
    • 21.0% were CHC VI.

  • The top five districts for section 924(c) offenders were:
    • District of Puerto Rico (139);
    • Eastern District of North Carolina (109);
    • Western District of Missouri (103);
    • Southern District of New York (99);
    • Northern District of Ohio (82).
       
  • 6.7% were career offenders (§4B1.1).
     
  • 6.8% were convicted of multiple counts of section 924(c).

 

Punishment[2], [3]

 

 

  • 99.9% were sentenced to prison.[4]

  • The average sentence for all section 924(c) offenders was 142 months.
    • 80 months for offenders convicted only under section 924(c).
    • 136 months for offenders also convicted of an offense not carrying a mandatory minimum.
    • 192 months for offenders determined to be career offenders.

  • 86.9% of section 924(c) offenders were also convicted of another offense; of those offenders:
    • 56.7% were convicted of drug trafficking, 24.5% of robbery, and 8.1% of another firearms offense.

  • 34.9% of all section 924(c) offenders were convicted of another offense carrying a mandatory minimum. In most cases, the other offense was a drug trafficking crime.
 

Section 924(c) Only Offenders

  • 87.5% of offenders with a conviction only under section 924(c) were sentenced under the Guidelines Manual; of those offenders:
    • 7.9% received a substantial assistance departure.
      • Their average sentence reduction was 48.9%.
         

Section 924(c) Cases Involving Career Offender

  • 37.7% of section 924(c) offenders determined to be career offenders were sentenced under the Guidelines Manual;[5] of those offenders:
    • 42.0% received a substantial assistance departure.
      • Their average sentence reduction was 51.2%.
         
  • 62.3% received a variance.
    • 99.1% received a downward variance.
      • Their average sentence reduction was 39.6%.
         

All Section 924(c) Cases

  • The average guideline minimum slightly decreased and the average sentence imposed fluctuated for all section 924(c) offenders over the past five years.
    • The average guideline minimum decreased from 194 months in fiscal year 2018 to 177 months in fiscal year 2022.
    • The average sentence imposed increased and decreased throughout the fiscal years. The average sentence was 146 months in fiscal year 2018 and 142 months in fiscal year 2022.

 

 

 

 

 

 

 

 

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

[2] These values represent the highest mandatory minimum an offender was subject to under section 924(c).

[3] The “Other” category includes offenders with a mandatory minimum of 25 years (0.5%), 30 years (0.1%), and life (0.1%).

[4] Offenses under section 924(c) carry one of several mandatory minimum penalties depending on the circumstances of the offense.

[5] The guideline sentence for a section 924(c) offense is the minimum term of imprisonment required by statute. USSG §2K2.4. Punishments under section 924(c) run consecutive to any other term of imprisonment. 18 U.S.C. § 924(c)(1)(D)(ii).

SOURCE: United States Sentencing Commission, FY 2018 through FY 2022 Datafiles, USSCFY18-USSCFY22.