924c Reform Proposals On Horizon?
by Derek Gilna
18 U.S.C. Section 926c is the federal firearm statute that carries a 5, 7, or 10 year mandatory minimum
sentence for each individual count and then an additional 25 year consecutive mandatory minimum for every “second and subsequent conviction.”
Prosecutors often choose to charge multiple 924c violations with each other violation, resulting in sentences that can end up being decades in length. Judge’s hands are tied as they are obligated to give the mandatory minimum sentence or commit reversible error. It is no wonder that every major prisoner rights groups has 924c in its sights.
Although the short-term progress in sentencing will probably be made by the U.S. Sentencing Commission, while reform bills move slowly through Congressional Committees, it is hard to envision sentencing reform being complete until 924c is changed, and made retroactive.
As I have said before, the best argument for reform is the
continuing federal budget crisis, with correctional spending low on the list of politician’s favorite spending wish list. Every federal prisoner cost the feds $28,000 a year, which would pay for a year of college, certainly a more constructive use for the money.
It is estimated that there are at least 3000 federal 924c prisoners serving life sentences, collectively costing hundreds of millions of correctional dollars that in no way improves public safety, not to mention the human toll for all concerned. Because of the intrinsic unfairness of these sentences, it would not be unwise to
consider a petition for sentence commutation, emphasizing rehabilitation and mercy.
