Skills & Resources for Second Amendment Advocates and 2A Activists
Mandatory Minimum Sentencing
Federal
1968 – Gun Control Act
– 10 yr minimum
– maximum sentence of life imprisonment.
1986 Armed Career Criminal Act
– (ACCA, 18 U.S.C. § 924(e))
– 15 year sentence for felons who commit crimes with firearms if they are convicted of certain crimes three or more times
– “violent felony” or “serious drug” offenses
– Comprehensive Crime Control Act of 1984
– 2019 = 7.6% of offenses involving guns were prosecuted under this statute
1986 – 15 USC § 1245(b)
– Possession / use of a ballistic knife during commission of federal crime
– 5 years minimum
1998 – Section 924(c) of Title 18 – 5 years for having a firearm during the offense (67% ) – 7 years for brandishing a gun during the offense (19%) – 10 years for discharging a firearm or for having a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon during the offense – 25 years for a second or subsequent conviction under this section – 30 years for having a machine gun or destructive device, or a firearm with a silencer or muffler during the offense – Life for a second or subsequent conviction under this section when the offense involved a machine gun or destructive device or a firearm with a silencer or muffler during the offense
2005 18 USC § 924(c)(5)(A);
– Possession / use of armor piercing ammunitionduring violent crime or drug trafficking
– 15 years, added to sentence
State
1994 California “Three Strikes Law”
– strike 1 violent or serious pertaining to their initial felony conviction
– strike 2 2nd felony conviction doubles the ‘normal’ sentence
– strike 3 minimum of 25 years to life
Jan 1999 – Florida Statute 775.087
– 10-20-Life law
– 2000 extended to cover 16-17 yr olds, with prior criminal records, who fire a gun (during a violent crime)
2005 New York “automatic sentence” law
– 3 1/2-year minimum for felony gun possession