§924(c): The Federal Gun-Stacking Statute
18 U.S.C. § 924(c) is among the harshest provisions in federal criminal law. It imposes mandatory consecutive sentences on defendants who use or carry a firearm during a drug trafficking crime or crime of violence. A single §924(c) count adds at least 5 years consecutive to the underlying sentence — and the punishment escalates based on how the weapon was used. Whether your case is in Louisville, Lexington, or anywhere in Kentucky, Clark + Harris defends §924(c) charges aggressively.
§924(c) Penalty Structure
Under 18 U.S.C. § 924(c)(1)(A), the minimum consecutive penalties are:
- 5 years consecutive for use, carrying, or possession in furtherance of a drug trafficking crime or crime of violence
- 7 years consecutive if the firearm was brandished
- 10 years consecutive if the firearm was discharged
- 30 years consecutive if the firearm was a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon
- Life if the firearm was a machine gun, destructive device, or equipped with a silencer
Second or subsequent §924(c) convictions formerly stacked at 25-year increments, but the First Step Act of 2018 limited stacking to subsequent offenses that become “final” before a later offense.
What “In Furtherance” Means
The “in furtherance” element under §924(c) requires more than mere possession — the firearm must advance, promote, or facilitate the drug crime. Factors courts consider include the firearm’s accessibility, its proximity to drugs or drug proceeds, whether it was loaded, and whether the defendant had a legitimate non-drug-related reason to possess it. These factors create significant defense opportunities when the weapon’s connection to drug activity is tenuous.
Defense Strategies
Defense approaches include challenging the “in furtherance” element when the weapon’s connection to drugs is weak, challenging whether the alleged predicate offense qualifies as a drug trafficking crime or crime of violence, Fourth Amendment challenges to searches that produced the weapon, challenges to the “used or carried” element under Bailey v. United States, and strategic plea negotiation to avoid §924(c) counts.
Davis and Crime-of-Violence Challenges
The Supreme Court’s decision in United States v. Davis invalidated the residual clause of §924(c)’s crime-of-violence definition. Defendants charged with §924(c) predicated on crimes of violence now have new defenses available — specifically, arguments that the charged predicate doesn’t qualify as a crime of violence under the remaining elements clause.
Contact Clark + Harris for §924(c) Defense
§924(c) charges can add decades to an already-serious federal sentence. Clark + Harris has the experience to fight these charges.
Call 859-474-0001 today for a strictly confidential consultation.
Related Resources
If this information applied to your situation, the following Clark + Harris guides may also be helpful:
- Federal Money Laundering Defense (18 U.S.C. § 1956)
- Federal Structuring Charges (31 U.S.C. § 5324)
- Federal Illegal Reentry Charges (8 U.S.C. § 1326)
- Federal Public Corruption and Bribery Defense
- Federal RICO Prosecutions in Kentucky
Legal Resources
Kentucky firearms laws are found in KRS Chapter 527. Federal firearms statutes are codified in 18 U.S.C. Chapter 44. For ATF regulations, visit the Bureau of Alcohol, Tobacco, Firearms and Explosives. Contact Clark + Harris PLLC at (859) 474-0001 for defense against firearms charges.