Federal Mandatory Minimum Sentencing: The 18 U.S.C. 924(c) Tack-on in Cases Involving Drugs or Violence

Charles Doyle
Senior Specialist in American Public Law

Section 924(c) requires the imposition of one of a series of mandatory minimum terms of imprisonment upon conviction for misconduct involving the firearm and the commission of a federal crime of violence or a federal drug trafficking offense. The terms vary according to the type of firearm used, the manner of the firearm’s involvement, and whether the conviction involves a single, first-time offense.

If a machine gun, silencer, short barreled rifle, short barreled shotgun, or body armor is involved, the offense is punished more severely. If the firearm is brandished or discharged, the offense is punished more severely. Multiple violations are likewise punished more severely. The mandatory minimum terms range from imprisonment for five years to imprisonment for life; in each case the maximum term is life imprisonment.

Liability extends to co-conspirators and to those who aid or abet in the commission of a violation of the section.

Constitutional changes based on the Eighth Amendment’s cruel and unusual punishments clause, on the Sixth Amendment’s right to jury trial, on the Fifth Amendment’s double jeopardy clause, and on the Tenth Amendment have been largely unsuccessful.


Date of Report: September 14, 2010
Number of Pages: 23
Order Number: R41412
Price: $29.95

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