Charged with a Federal Weapons Offense? What You Need to Know About 18 U.S.C. § 924(c)

When it comes to weapons charges in the federal system, few statutes are more aggressive than 18 U.S.C. § 924(c). This law doesn’t just punish the illegal possession of a firearm—it punishes possessing or using a firearm in connection with another federal crime, like drug trafficking or a crime of violence. The result? Mandatory minimum prison sentences that run consecutively to any other time imposed.

Federal prosecutors rely heavily on § 924(c) to add decades of prison time to major indictments. And unfortunately, even defendants with no criminal history and no prior convictions may find themselves facing 5, 7, or even 30 years to life in federal prison based on this charge alone.

At Perlman Defense Federal Criminal Lawyers, we represent individuals facing serious federal weapons charges, including § 924(c) enhancements, felon-in-possession cases, and firearms trafficking allegations. This guide breaks down exactly how § 924(c) works, who it applies to, how the law stacks sentencing against you, and how we fight back in court.

What Is 18 U.S.C. § 924(c)?

Under 18 U.S.C. § 924(c)(1)(A), it is a federal crime to:

“Use or carry a firearm during and in relation to any crime of violence or drug trafficking crime, or to possess a firearm in furtherance of any such crime.”

This is known as a weapons enhancement statute. That means the firearm isn’t the only alleged crime—it’s the add-on to another serious charge, such as:

• Drug trafficking (21 U.S.C. § 841 or § 846)
  
• Armed robbery (18 U.S.C. § 1951 – Hobbs Act)
  
• Bank robbery (18 U.S.C. § 2113)
  
• Kidnapping (18 U.S.C. § 1201)
  
• Assault on a federal officer (18 U.S.C. § 111)
  
• RICO violations (18 U.S.C. § 1962)
  

The statute doesn’t require that the firearm be discharged. Simply possessing it “in furtherance of” the crime is enough to trigger the charge.

What Qualifies as a “Crime of Violence” or “Drug Trafficking Crime”?

Not every offense will support a § 924(c) charge. The law applies only when the underlying (predicate) offense is a:

• Crime of violence – a felony offense involving the use, attempted use, or threatened use of physical force
  
• Drug trafficking crime – any felony under the Controlled Substances Act involving manufacture, distribution, or possession with intent to distribute
  

However, federal courts have narrowed the definition of “crime of violence” in recent years due to constitutional challenges. Some offenses that were once used to support § 924(c) charges—like certain types of robbery or conspiracy—may no longer qualify. That’s why it’s critical to work with a federal criminal defense attorney who understands the latest developments.

Mandatory Minimum Sentences Under § 924(c)

One of the harshest aspects of § 924(c) is that it imposes mandatory minimum sentences that run consecutively to any other sentence—even for first-time offenders.

Base Penalties Under § 924(c)(1)(A):

• Possession of a firearm: 5 years
  
• Brandishing a firearm: 7 years
  
• Discharging a firearm: 10 years
  

If the weapon was a:

• Short-barreled rifle or shotgun, or semiautomatic assault weapon: 10 years
  
• Machine gun or destructive device: 30 years
  
• Firearm with silencer or muffler: 30 years
  

Multiple Convictions:

• A second or subsequent § 924(c) conviction carries 25 years to life, even if both charges arise in the same case.
  
• These stacked sentences have been used to impose 30-, 40-, or even 100-year prison terms—without parole.
  

Note: As of the First Step Act of 2018, multiple § 924(c) charges within the same case no longer automatically count as “subsequent offenses.” This change only applies to new prosecutions after the law’s passage.

“In Furtherance Of” – What Does It Mean?

The key phrase in many § 924(c) cases is whether the defendant possessed the firearm “in furtherance of” a drug trafficking crime or crime of violence.

This language gives prosecutors wide discretion. Examples of what federal courts have held satisfies “in furtherance”:

• Keeping a gun in the glovebox or trunk during a drug deal
  
• Having a gun in the same backpack as the drugs
  
• Possessing a firearm while guarding or transporting drug proceeds
  
• Carrying a weapon during a robbery—even if not used
  
• Displaying or referencing a weapon to intimidate someone during a dispute
  

You don’t need to fire, brandish, or even show the weapon. If the government believes it advanced or supported the crime in any way, that’s often enough for them to pursue § 924(c) charges.

Defending Against 18 U.S.C. § 924(c) Charges

Because § 924(c) carries mandatory prison time, it’s critical to mount a defense that challenges the factual basis, the statutory application, or the underlying predicate offense. At Perlman Defense Federal Criminal Lawyers, we take a comprehensive approach to building these defenses.

Key defense strategies include:

1. The Firearm Was Not Used “In Furtherance”
We argue that the firearm had no connection to the alleged crime. For example, it was locked in a safe, stored for personal protection, or unrelated to the criminal conduct.

2. No Knowledge or Intent
The government must prove the defendant knowingly possessed the weapon in connection to the crime. In multi-defendant cases, we may show that the gun belonged to someone else and our client had no control over it.

3. Challenging the Predicate Offense
If the underlying crime doesn’t qualify as a “crime of violence” or “drug trafficking crime,” we may move to dismiss the § 924(c) enhancement altogether.

4. Suppression of Evidence
We examine whether the firearm was obtained during an illegal search or seizure. If constitutional violations occurred, we move to suppress the weapon and any related statements.

5. Negotiating Plea Reductions
In some cases, we work to remove the § 924(c) enhancement as part of a broader plea negotiation—especially if the weapon was not used or brandished.

6. Arguing for Safety Valve Relief or Sentencing Variances
If eligible, we may seek relief under the First Step Act or argue for a downward variance based on mitigating factors like role, background, or duress.

Pretrial and Trial Strategies

Because § 924(c) charges are often paired with other felonies, it’s important to:

• Separate the firearm charge from unrelated or prejudicial evidence
  
• Challenge expert testimony connecting the weapon to the crime
  
• Control jury instructions to ensure the “in furtherance” standard is properly explained
  
• Limit spillover prejudice in multi-defendant conspiracy cases
  

Federal weapons cases often involve forensic evidence, such as fingerprints, gunshot residue, or ballistics. Our team uses independent experts when necessary to counter the government’s forensic claims.

What to Do If You’re Facing a Federal Firearm Charge

If you or someone you know has been indicted or is under investigation for a § 924(c) charge:

• Do not speak to law enforcement or federal agents
  
• Do not discuss the firearm or case with anyone but your attorney
  
• Preserve any records, texts, or documents that show the context of the firearm’s presence
  
• Avoid social media and public comments about the incident
  
• Hire a federal criminal defense attorney immediately
  

These cases move quickly—and once a § 924(c) charge is added, the consequences escalate significantly.

Contact Perlman Defense Federal Criminal Lawyers

If you’re facing a federal weapons enhancement charge under 18 U.S.C. § 924(c), the odds may feel stacked against you. But mandatory minimums do not mean mandatory outcomes and early legal intervention can make all the difference.

At Perlman Defense Federal Criminal Lawyers, we understand the complexity and weight of federal gun charges. We know how the government tries to build its case and how to break it apart.

Contact Us for a confidential consultation.

We’ll fight for your rights, challenge the government’s narrative, and help you protect your future.