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)
    – P
    ossession / 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 ammunition during 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

 

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