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

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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
Using or Carrying and Possessing a Firearm in Furtherance of a Violent Crime or Drug-Trafficking Crime is a federal offense in the United States. This offense is punishable under 18 U.S. Code § 924(c)(1). This crime is often referred to as the “924(c) offense.” Under this law, it is illegal to use, carry, or possess a firearm during the commission of a violent crime or drug-trafficking crime. The term “use” means that the firearm must be actively employed by the perpetrator, such as shooting or pointing it at another person. The term “carry” means that the firearm must be transported on the person or in the immediate vicinity of the perpetrator. The term “possess” means that the perpetrator must have actual or constructive possession of the firearm. There are three types of Using or Carrying and Possessing a Firearm in Furtherance of a Violent Crime or Drug-Trafficking Crime: (1) using a firearm in furtherance of a violent crime; (2) carrying a firearm in furtherance of a violent crime; and (3) possessing a firearm in furtherance of a drug-trafficking crime. For a conviction of this crime, the government must prove that the firearm was actually used, carried, or possessed in furtherance of a violent crime or drug-trafficking crime. The penalty for this offense is a minimum sentence of five years in prison, with a maximum sentence of life in prison.

Using or Carrying and Possessing a Firearm in Furtherance of a Violent Crime or Drug-Trafficking Crime is a federal offense in the United States. This offense is punishable under 18 U.S. Code § 924(c)(1). This crime is often referred to as the “924(c) offense.” Under this law, it is illegal to use, carry, or possess a firearm during the commission of a violent crime or drug-trafficking crime. The term “use” means that the firearm must be actively employed by the perpetrator, such as shooting or pointing it at another person. The term “carry” means that the firearm must be transported on the person or in the immediate vicinity of the perpetrator. The term “possess” means that the perpetrator must have actual or constructive possession of the firearm. There are three types of Using or Carrying and Possessing a Firearm in Furtherance of a Violent Crime or Drug-Trafficking Crime: (1) using a firearm in furtherance of a violent crime; (2) carrying a firearm in furtherance of a violent crime; and (3) possessing a firearm in furtherance of a drug-trafficking crime. For a conviction of this crime, the government must prove that the firearm was actually used, carried, or possessed in furtherance of a violent crime or drug-trafficking crime. The penalty for this offense is a minimum sentence of five years in prison, with a maximum sentence of life in prison.

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FAQ

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.

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.

A 924(c) conviction is basically a firearm conviction where the firearm was used in furtherance of a federal drug crime or violent crime. At the minimum, use of a firearm carries a five year mandatory minimum.

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).

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).

18 USC 933: Trafficking in firearms.

Typical crimes of violence alleged in 924(c) indictments include homicides and attempted homicides, robberies, burglaries, assaults, and menacing. Sometimes in these cases, a group of people are indicted for possessing a firearm that was only physically possessed by one of the members of the criminal conspiracy.

A person who conspires to commit an offense under subsection (c) shall be imprisoned for not more than 20 years, fined under this title, or both; and if the firearm is a machinegun or destructive device, or is equipped with a firearm silencer or muffler, shall be imprisoned for any term of years or life.

More info

Possession of a Firearm in furtherance of either a drug crime or a crime of violence has a penalty of at least five years in federal prison. Brandishing a Firearm in furtherance of either a drug crime or a crime of violence has a penalty of at least seven years in federal prison.The U.S. Code makes it a separate crime if you carry OR use a firearm during a drug trafficking offense. Federal judges may increase a person's prison sentence for drug trafficking or violent crimes if the incident also involved a firearm. When the defendant is charged with using or carrying a firearm during and in relation to a crime, use Instruction 8. When the defendant is charged with possessing a firearm in furtherance of a crime, use Instruction 8. United States law forbids a person involved in a crime to possess a firearm. Penalties are very severe. In order to show that a defendant used a gun during a drug trafficking offense, prosecutors must show the active employment of the firearm. Section 924(c) is triggered when a firearm is used or possessed in furtherance of a predicate offense.

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