Firearms in Furtherance of Crime (18 U.S.C. § 924)
Contains the principal federal firearms offense provisions; § 924(c) is the most commonly prosecuted.
§ 924(c) — Use or Carrying in Drug Trafficking or Violent Crime
“Any person who, during and in relation to any crime of violence or drug trafficking crime … uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm …”
Mandatory minimum sentences (consecutive, not concurrent with underlying offense):
- Base: 5 years
- Brandished: 7 years
- Discharged: 10 years
- Short-barreled shotgun/rifle or machine gun: 30 years; if brandished or discharged: life
”Use or Carry” vs. “Possess in Furtherance”
“Use” — Bailey v. United States (1995): “use” requires active employment of the firearm; mere proximity to drugs does not suffice. Congress responded by adding “in furtherance of … possesses” to § 924(c) in 1998.
“In furtherance of” — firearm must advance or promote the underlying crime; factors include accessibility, proximity to drugs/cash, loaded status, type of firearm.
“Carries” — Muscarello v. United States (1998): “carries a firearm” covers transporting a firearm in a vehicle even if not on the person, as long as it is available for use.
”Crime of Violence” Definition (§ 924(c)(3))
A felony:
- (A) That has as an element the use, attempted use, or threatened use of physical force against a person or property (“elements clause”), OR
- (B) By its nature involves a substantial risk that physical force may be used (“residual clause”)
United States v. Davis (2019): The residual clause of § 924(c)(3)(B) is unconstitutionally vague under Johnson v. United States (2015). Only the elements clause remains valid.
Stacking
Deal v. United States (1993): Multiple § 924(c) convictions in a single case trigger escalating mandatory minimums. The First Step Act (2018) eliminated “stacking” — the enhanced penalties apply only to a second or subsequent conviction after a prior conviction has become final.