Federal Firearms Offenses in Oklahoma: A Statutory Reference

Federal firearms prosecutions in Oklahoma draw on two statutes in particular: 18 U.S.C. § 922, which defines unlawful acts, and 18 U.S.C. § 924, which sets penalties, including mandatory consecutive terms for firearm use during violent or drug trafficking crimes.

Penalties under 18 U.S.C. § 924(c)

Section 924(c)(1)(A) provides a mandatory minimum term that runs in addition to the punishment for the underlying offense:

(c) (1) (A) Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime — (i) be sentenced to a term of imprisonment of not less than 5 years

The statute escalates the minimum term when the firearm is brandished or discharged. Because the term is consecutive, the total exposure combines the guideline range for the underlying offense with the statutory firearm term.

Prohibited possession under 18 U.S.C. § 922(g)

Section 922(g) makes it unlawful for certain categories of persons to possess firearms, including persons convicted of crimes punishable by more than one year of imprisonment and persons who are unlawful users of controlled substances:

(g) It shall be unlawful for any person— (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; (2) who is a fugitive from justice ; (3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )); (4) who has been adjudicated as a mental defective or who has

Sentencing framework

Firearms sentences are imposed under 18 U.S.C. § 3553(a), which requires the court to weigh the seriousness of the offense, deterrence, and protection of the public:

The court shall impose a sentence sufficient, but not greater than necessary, to comply with the purposes set forth in paragraph (2) of this subsection. The court, in determining the particular sentence to be imposed, shall consider— (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence imposed— (A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; (B) to afford adequate deterrence to criminal conduct; (C) to protect the public from further crimes of the defendant; and (D) to provide the defendant with needed educational or vocational training