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Possessing a Firearm in Furtherance of a Violent Crime or Drug-Trafficking Crime

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US-JURY-11THCIR-O35-3-CR
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Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions

Possessing a Firearm in Furtherance of a Violent Crime or Drug-Trafficking Crime is a federal offense in the United States. This offense is commonly referred to as the “felon in possession” statute, and is defined as knowingly possessing any firearm or ammunition by a person who has previously been convicted of a felony. There are two types of Possessing a Firearm in Furtherance of a Violent Crime or Drug-Trafficking Crime: 1. Possession of a Firearm in Furtherance of a Violent Crime: This type of crime involves possessing a firearm with the intention of using it in the commission of a violent crime. This includes crimes such as robbery, assault, and murder. 2. Possession of a Firearm in Furtherance of a Drug-Trafficking Crime: This type of crime involves possessing a firearm with the intent to facilitate the sale or distribution of controlled substances. This includes crimes such as drug dealing, drug manufacturing, and drug trafficking. The penalties for Possessing a Firearm in Furtherance of a Violent Crime or Drug-Trafficking Crime vary depending on the circumstances of the offense. Generally, the punishment for such offenses is a prison sentence of up to 10 years, and a fine of up to $250,000. Additionally, a person convicted of this offense may be prohibited from owning or possessing any firearms in the future.

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FAQ

§ 922(g)(4) ? Persons Adjudicated as a Mental Defective or Committed to a Mental Institution. Any person who has been "adjudicated as a mental defective" or "committed to a mental institution" is prohibited under Federal law from shipping, transporting, receiving, or possessing any firearm or ammunition.

Federal Firearm 924(c) Crimes in Michigan Stemming from 18 USC §924 subsection (c), this federal gun law punishes individuals who possess or use a gun during either a crime of violence or a drug trafficking crime.

Federal law prohibits gun trafficking and straw purchasing,22 including prohibiting any person from selling firearms to a person the seller knows or has reasonable cause to believe intends to engage in trafficking and straw purchasing.

73 months for offenders convicted only under section 924(c). 132 months for offenders also convicted of an offense not carrying a mandatory minimum. 207 months for offenders determined to be career offenders. 330 months for offenders convicted under multiple counts of section 924(c).

POSSESSION OF A FIREARM OR AMMUNITION BY A PROHIBITED PERSON: 18 USC § 922(g) & (n). Punishable by up to 10 years imprisonment.

§ 922(G) Felon in possession of a firearm is a serious criminal offense in the United States. Under 18 U.S.C. § 922(g), it is unlawful for a person convicted of a felony to ship, transport, receive, or possess a firearm or ammunition.

Violent federal gun charges include illegal firearm possession, unlawful possession by a felon, and a felon in possession of a firearm. Convicted felons are charged under federal criminal law. Non-violent federal gun charges include the unlawful sale of a firearm, unlawful transfer, and straw purchase.

Title 18, United States Code, Section 922(g) makes it unlawful for certain classes of individuals to ship, transport, possess or receive any firearm or ammunition with the required interstate commerce nexus.

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Section 924(c)(1) makes it a crime for anyone to knowingly possess a firearm in furtherance of a drug-trafficking crime or crime of violence. "The phrase in relation to . . .More commonly, this 924(c) charge is used when a firearm is discovered on a person who is involved with drugs. Federal judges may increase a person's prison sentence for drug trafficking or violent crimes if the incident also involved a firearm. United States law forbids a person involved in a crime to possess a firearm. Penalties are very severe. Or drug trafficking crime (as defined in subsection (c)(2)) shall be imprisoned not more than 10 years, fined in accordance with this title, or both." Section 924(c) is triggered when a firearm is used or possessed in furtherance of a predicate offense. If the firearm was brandished, then the mandatory minimum increases to seven years. §924(c), which prohibits using, carrying, or possessing a deadly weapon in connection with "any crime of violence or drug trafficking crime," §924(c)(1).

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Possessing a Firearm in Furtherance of a Violent Crime or Drug-Trafficking Crime