How Much Time Will I Serve for Illegal Firearms Possession?

Federal prosecutors often use weapons enhancements in federal criminal cases as leverage to obtain plea bargains and cooperation from criminal defendants. According to the Department of Justice, federal firearms offenses are often “simple and quick to prove.” Federal laws call for stringent penalties for gun crimes, including mandatory minimum sentences, which is one reason why they are so effective at getting cooperation from defendants.

The federal government often has jurisdiction in gun crime cases. For example, using a gun to rob a commercial business that affects interstate commerce can lead to federal charges. Another example is stealing a television, jewelry, and handgun from a pawnshop. Because the pawnshop is a federally licensed gun dealer, federal prosecutors have jurisdiction, and the theft may bring federal charges.

This means there are thousands of criminal defendants accused of violating federal gun laws every year. This article looks at sentencing for federal gun crimes using 2019 data from the United States Sentencing Commission, which tracks sentencing for all federal jurisdictions.

What Are the Most Common Federal Firearms Offenses?

Federal law prohibits certain categories of people from owning firearms even if it would otherwise be legal. These include people convicted of a felony, anyone discharged dishonorably from the military, undocumented immigrants, people subjected to a restraining order, and others. Some weapons are illegal for anyone to have, such as machine guns and unregistered guns. In addition, using a firearm during any violent or drug-trafficking crime can lead to federal charges.

Firearms offenses are one of the most common federal crimes in the U.S., behind only immigration and drug crimes. The United States Sentencing Commission reports that there were 8,481 convictions for illegal firearms possession in 2019. Federal firearms offenses have increased in recent years, according to the USSC, and now account for over 11% of the total number of federal criminal convictions.

In 2019, almost all sentencing for federal firearms offenses involved the unlawful possession, receipt, or transportation of guns or ammunition. Of these, in 67% of cases, the illegal possession was due to a prior felony conviction. The other most common federal gun crimes were the use of a firearm during or in relation to certain crimes and possessing a firearm in a federal facility or school zone.

Key Takeaways

The USSC data encompasses weapons enhancements along with various other gun crimes. Data from 2019 shows that:

• Young men are more likely to be sentenced for gun crimes
• Black men receive the highest average sentence
• There is no direct correlation between illegal firearms sentencing and legal gun ownership

More on each of these takeaways below.

Firearms Offenses by State

The data below sorts federal gun crimes by state. Each state also prosecutes its own firearms offenses; the below charts only involve federal crimes. It is sorted by federal jurisdiction to help show which parts of the country see the greatest number of federal charges. The USSC does not track state sentencing data.

Federal courts in Texas and Missouri had the highest total firearms offenses by a wide margin, with 756 and 704, respectively. Most firearms offenses were concentrated in the South, with North Carolina, Florida, Alabama, and Tennessee also making the top 10. The fewest firearm offenses occurred in Hawaii, Guam, and the U.S. Virgin Islands.

There is no direct correlation between federal illegal firearms offenses and states with the most legal gun ownership. Montana, Wyoming, and Alaska all have the highest rates of gun ownership, according to the RAND Corporation. In Montana, 66.3% of adults live in homes with guns, but there were only 78 sentences issued for illegal firearms possession in 2019, which puts it in the bottom half.

Jurisdiction	Total Sentences Given
Texas	756
Missouri	704
North Carolina	476
Florida	420
Alabama	409
Tennessee	375
California	310
Ohio	269
Georgia	253
Puerto Rico	243
South Carolina	243
Indiana	234
New York	226
Illinois	217
Iowa	207
Pennsylvania	178
Michigan	170
Utah	168
Arizona	161
Mississippi	153
Louisiana	150
Oklahoma	141
Virginia	135
Kentucky	133
Maryland	132
New Jersey	129
West Virginia	118
Arkansas	115
Nevada	114
Kansas	97
New Mexico	96
Washington	86
Colorado	84
Montana	78
Washington, D.C.	69
Wisconsin	66
South Dakota	66
Oregon	60
Alaska	57
Connecticut	49
Massachusetts	48
Idaho	45
Minnesota	45
Nebraska	36
Wyoming	30
Maine	27
Vermont	18
Delaware	18
New Hampshire	18
Rhode Island	16
North Dakota	14
Hawaii	8
Guam	6
U.S. Virgin Islands	5

Average Sentence by Federal Jurisdiction

Florida and North Carolina, two of the states with the highest number of federal firearms offenses, also have two of the highest average sentences issued. Texas, meanwhile, is in the bottom half for average sentence despite having the largest number of offenses. Montana, the state with the highest percentage of legal gun ownership in the nation, has one of the lowest average sentences issued.

Jurisdiction	Average Sentence Length
Minnesota	76
South Carolina	67
New Mexico	65
North Carolina	64
Florida	64
Arkansas	63
Pennsylvania	61
Maryland	60
New Jersey	60
Georgia	59
Illinois	58
Kentucky	57
Oklahoma	57
Iowa	57
Tennessee	56
Louisiana	54
New York	53
Ohio	53
Mississippi	51
Alabama	51
Wyoming	50
Michigan	50
North Dakota	49
Colorado	49
Missouri	48
Virginia	48
U.S. Virgin Islands	46
Alaska	46
Delaware	46
Nebraska	44
Indiana	44
Texas	44
Vermont	42
Massachusetts	42
California	41
Washington, D.C.	40
Wisconsin	40
Kansas	40
Nevada	39
Hawaii	39
West Virginia	39
Idaho	38
Puerto Rico	38
South Dakota	38
Connecticut	36
Utah	34
Oregon	33
Maine	32
Washington	32
Rhode Island	30
Arizona	27
Montana	25
New Hampshire	20
Guam	10

Type of Sentence Issued

Federal law does not consider illegal firearms possession, by itself, a violent crime. However, using a gun to commit another crime can be considered violent.

This is reflected in the type of sentence imposed in federal courts on illegal firearms possession. Prison time was by far the most common type of sentence imposed. This is likely a reflection of most defendants having a prior record, which makes probation less likely. It also likely means that, in certain circumstances, the underlying offense was considered a violent crime.

Most Gun Charges Result in a Guilty Plea

Like most federal charges, most defendants charged with a federal firearms offense chose to plead guilty rather than go to trial. 8,251 of the 8,461 total sentences involved a guilty plea. That means less than 1% of defendants chose to go to trial. Those who were convicted at trial received more than double the sentence of those who pled guilty.

This is another reason why prosecutors like to use weapons enhancements as a tool to secure cooperation from a defendant. According to 2019 data, most defendants did not like their chances of defending against illegal firearms possession at trial.

Plea or Trial	Total Average Sentence
Guilty Plea	49
Guilty Plea and Trial	86
Jury Trial	119
Nolo Contendere (No Contest)	51
Trial by Judge or Bench Trial	67

Percentage of Offenders Sentenced According to Guidelines

Federal courts use sentencing guidelines to help determine sentencing, but they are not mandatory. Typically, judges will issue a sentence within guidelines.

The guidelines recommend an increased or decreased sentence based on a variety of factors. Federal sentencing guidelines will recommend a sentence enhancement for the use of a weapon in furtherance of another crime, for example. Other factors include previous criminal record, whether the charges involved physical threats, and others.

Federal law requires mandatory minimum sentences for certain gun crimes, as well. Judges cannot issue sentences below the mandatory minimum. For example, under the Armed Career Criminal Act, there is a minimum 15-year sentence for any person convicted of felon in possession of a firearm with three prior state or federal convictions for violent felonies or serious drug offenses.

In looking at the 2019 data, we can see that most offenders received a sentence within recommended guidelines. Of those outside of the recommended guidelines, most defendants received a below-range variance.

A note on the terms:

• 5K1.1/Substantial Assistance means the defendant cooperated with law enforcement and the prosecution to receive a lower sentence
• A variance is a sentence outside of the guidelines
• A departure is a lower or higher sentence recommended by the guidelines
• A government-sponsored departure or variance means that the prosecution and defendant agreed on a sentence, likely as part of a plea deal

Departures and Variances	Total Number of Sentences
5K1.1/Substantial Assistance	563
Above Range Variance	312
Below Range Variance	2014
Downward Departure	161
Early Disposition	8
Government-Sponsored Departure	144
Government-Sponsored Variance	598
Upward Departure	56
Within Range	4625

The most likely outcome of a conviction for a federal gun crime is a sentence within the guideline range. Of the courts that issued a variance, it was most likely to be below guidelines.

However, criminal defendants should be less pleased by the average length of departures and variances. While defendants who cooperated with a criminal investigation (usually by testifying as a witness or otherwise providing evidence to law enforcement) received significantly less of a sentence, courts did not vary much below recommended guidelines when issuing lesser sentences. On the other hand, courts that issued upward departures and variances did so to a greater degree, with an average increase in the sentence of around two years.

Departures and Variances	Average Length of Departure in Months
Substantial Assistance	32.7
Above Range Variance	26.3
Below Range Variance	17.5
Downward Departure	20
Early Disposition	20.25
Government-Sponsored Departure	19.5
Government-Sponsored Variance	22.6
Upward Departure	23.1

Prior Criminal Record

The overwhelming majority of federal gun crime offenders had a previous criminal record. This is not surprising. Generally, most federal criminal defendants have a previous record. In addition, the most commonly charged offense was illegal possession of a firearm due to a previous felony conviction.

Only .03% of offenders had no prior record when charged with a federal firearms offense. Offenders with no prior record received, on average, 33 fewer months in prison than offenders with a prior criminal record.

Weapons Enhancements Explained

Federal courts can also include a weapons enhancement in sentencing for various other crimes. For example, sentencing for robbery can increase if the defendant brandished a weapon. If the defendant fired the weapon, the sentence is increased even more.

Federal law attaches more than one mandatory minimum for certain gun crimes, and these must be served consecutively, meaning that a weapons enhancement can add a great deal of time to a prison sentence. As another example, if the accused is also charged with using an automatic weapon, the sentence enhancement calls for an additional mandatory 10 years in prison, in addition to any time for the underlying crime.

Sentencing for Illegal Firearms By Race

Black defendants received the most sentences for illegal firearms possession by a wide margin. About half of all sentences involved Black defendants. White, non-Hispanic defendants received the second most, with 2031 sentences issued.

There are a couple of potential reasons for this discrepancy. One is that gun violence has traditionally impacted Black Americans more heavily than other population groups in the U.S. In 2019, according to the Centers for Disease Control and Prevention (CDC), Black males have “by far the highest rate of gun death, nearly twice as high as the second-highest (and also disproportional) rate of gun death among American Indian/Alaska Native males.”

Another factor may be the enforcement of existing law. New York City’s stop-and-frisk policy, for example, has been shown to target Black and Hispanic Americans, which could lead to more arrests for illegal gun possession. While stop-and-frisk policies have been deemed unconstitutional, the issues with stop-and-frisk may highlight an underlying tendency to arrest and prosecute Black citizens for illegal gun possession and other crimes.

Race	Hispanic	Total Number of Sentences
American Indian\Alaskan Native	Hispanic	10
American Indian\Alaskan Native	Not Available	3
American Indian\Alaskan Native	Non-Hispanic	137
Asian or Pacific Islander	Hispanic	4
Asian or Pacific Islander	Not Available	1
Asian or Pacific Islander	Non-Hispanic	74
Black/African American	Hispanic	184
Black/African American	Not Available	164
Black/African American	Non-Hispanic	4337
Info on Race Not Available	Hispanic	10
Info on Race Not Available in Docs	Not Available	8
Info on Race Not Available	Non-Hispanic	8
Multiracial	Hispanic	2
Multiracial	Non-Hispanic	4
Other	Hispanic	10
Other	Not Available	1
Other	Non-Hispanic	14
White/Caucasian	Hispanic	1354
White/Caucasian	Not Available	125
White/Caucasian	Non-Hispanic	2031

Not only are Black people more likely to be sentenced for illegal firearms possession, they also receive the longest sentences on average. In 2019, Black, non-Hispanic defendants were sentenced to an average of 56.8 months, compared to 43.9 months for white defendants.

Race	Hispanic	Average Sentence
American Indian\Alaskan Native	Hispanic	47.6
American Indian\Alaskan Native	Not Available	31
American Indian\Alaskan Native	Non-Hispanic	42.6
Asian or Pacific Islander	Hispanic	39.2
Asian or Pacific Islander	Not Available	12
Asian or Pacific Islander	Non-Hispanic	43.4
Black/African American	Hispanic	51.3
Black/African American	Not Available	67.3
Black/African American	Non-Hispanic	56.8
Info on Race Not Available	Hispanic	29.9
Info on Race Not Available	Not Available	27.3
Info on Race Not Available	Non-Hispanic	31.5
Multiracial	Hispanic	43
Multiracial	Non-Hispanic	24.2
Other	Hispanic	23.5
Other	Not Available	51
Other	Non-Hispanic	21.5
White/Caucasian	Hispanic	40.2
White/Caucasian	Not Available	50.5
White/Caucasian	Non-Hispanic	43.9

Sentencing for Gun Crimes by Gender and Age

There are also notable discrepancies by age and gender. Young men were the most likely to be sentenced for illegal firearms possession. There were 3,309 sentences given to men aged 21-30, compared to 1,117 for men aged 41-50.

Age	Gender	Total Sentences Given
20 & Younger	Female	7
20 & Younger	Male	223
21 – 25	Female	60
21 – 25	Male	1329
26 – 30	Female	90
26 – 30	Male	1980
31 – 35	Female	73
31 – 35	Male	1659
36 – 40	Female	57
36 – 40	Male	1324
41 – 50	Female	51
41 – 50	Male	1117
51 – 60	Female	14
51 – 60	Male	377
61 & Older	Female	4
61 & Older	Male	116

Young men did not, however, receive the longest sentence on average. Older men received the longest average sentence, at around five years for defendants aged 36-50. This could be due to the high likelihood of having a previous criminal offense for offenders in that age group. Having a prior criminal record, particularly a serious drug offense or violent crime, can dramatically increase sentence length.

20 & Younger	Female	15.9
	Male	36.7
21 – 25	Female	16.9
	Male	41.8
26 – 30	Female	22.5
	Male	50.8
31 – 35	Female	24.7
	Male	55
36 – 40	Female	26.9
	Male	60.2
41 – 50	Female	24
	Male	54.4
51 – 60	Female	11.5
	Male	52
61 & Older	Female	3
	Male	33.1

Conclusions

Data from 2019 shows that young men are much more likely to be charged and convicted of a federal gun crime. Federal prosecutors are also likely to use weapons enhancements as a tool when seeking a longer sentence or cooperation from a criminal defendant. Finally, it is extremely likely that a defendant charged with a weapons offense in federal court will have a prior record, meaning that the defendant is more likely to face a lengthy prison sentence.