18 U.S.C. § 924(c): Federal Gun Charges and Mandatory Sentences

18 U.S.C. § 924(c) makes it a separate federal crime to use or carry a firearm during and in relation to a crime of violence or a drug trafficking crime, or to possess one in furtherance of such a crime. A conviction carries a mandatory minimum prison term of at least 5 years that must be served on top of the sentence for the underlying crime (18 U.S.C. § 924(c)).

This page explains what a § 924(c) charge is, the mandatory sentences, the First Step Act change to "stacking," and the Supreme Court's decision in Dean v. United States, which lets the judge take the gun sentence into account on the other counts.

What is a 924(c) charge?

A § 924(c) charge is always tied to another federal crime, called the "predicate" offense. The predicate must be either:

• a drug trafficking crime, meaning a felony under the Controlled Substances Act, the Controlled Substances Import and Export Act, or chapter 705 of title 46 (§ 924(c)(2)), or
• a crime of violence, meaning a felony that "has as an element the use, attempted use, or threatened use of physical force against the person or property of another" (§ 924(c)(3)(A)).

The statute also had a second, broader definition of crime of violence, the "residual clause" in § 924(c)(3)(B). The Supreme Court struck it down as unconstitutionally vague in United States v. Davis, 588 U.S. 445 (2019). Since then, an offense counts as a crime of violence under § 924(c) only if its elements require the use, attempted use or threatened use of force.

What are the mandatory minimums for 924(c)?

The minimum depends on what was done with the gun and what kind of gun it was (18 U.S.C. § 924(c)(1)(A)–(C)):

Conduct or firearm	Mandatory minimum
Used, carried or possessed	5 years
Brandished (displayed or made known to intimidate)	7 years
Discharged	10 years
Short-barreled rifle or shotgun, or semiautomatic assault weapon*	10 years
Machinegun or destructive device, or a firearm with a silencer or muffler	30 years
A new violation after an earlier § 924(c) conviction has become final	25 years
That repeat violation with a machinegun, destructive device, silencer or muffler	Life

*The statute still lists semiautomatic assault weapons in the 10-year category. The Justice Department's Office of Legal Counsel concluded in 2009 that this part of the 10-year minimum lapsed when the federal definition of "semiautomatic assault weapon" expired in 2004, so it is generally considered inoperative (OLC opinion, Nov. 24, 2009).

The statute sets minimums, not maximums, so the judge can impose more. A higher minimum in another law can also apply. The person cannot get probation for a § 924(c) conviction (§ 924(c)(1)(D)(i)).

Does a 924(c) sentence run consecutive?

Yes. A § 924(c) prison term cannot run concurrently with any other prison term, including the sentence for the drug or violent crime the gun was tied to (18 U.S.C. § 924(c)(1)(D)(ii)). In plain terms, the gun sentence is added to the end of everything else.

The consecutive rule does not control how long the other sentence must be. That is what Dean decided, as explained below.

What did the First Step Act change about stacking?

Before the First Step Act of 2018, a second § 924(c) count in the same case triggered a 25-year minimum, even if both counts were charged together. This was called "stacking," and it produced sentences of decades for first-time offenders.

Section 403 of the First Step Act changed the wording. Now the 25-year minimum applies only to a violation "that occurs after a prior conviction under this subsection has become final" (18 U.S.C. § 924(c)(1)(C); Pub. L. 115–391, § 403). Multiple § 924(c) counts in one case still each carry their own consecutive minimum, but generally not the 25-year term.

The change looks forward, not back. It applies to offenses committed before December 21, 2018 only if a sentence had not yet been imposed on that date (First Step Act § 403(b)). The Supreme Court held that a sentence that was later vacated has not "been imposed," so the new rule applies at a resentencing after vacatur (Hewitt v. United States, 606 U.S. 419 (2025)).

For people whose stacked sentences were imposed before the Act and remain in place, the Supreme Court has held that the gap between the old and new penalties cannot be an "extraordinary and compelling" reason for a sentence reduction (Rutherford v. United States, 608 U.S. 454 (2026)). For what compassionate release can still be based on, see compassionaterelease.com's guide to who qualifies.

Can a 924(c) conviction earn First Step Act time credits?

No. A person serving a sentence for a § 924(c) conviction is on the statute's list of prisoners who cannot earn First Step Act time credits (18 U.S.C. § 3632(d)(4)(D)(xxii)). Good conduct time under 18 U.S.C. § 3624(b) is a separate credit and is not affected by that list.

Dean v. United States: offsetting the gun sentence

A federal judge may give a very short sentence, even one day, on the other counts in a case to make up for a long mandatory gun sentence under § 924(c). The Supreme Court said so on April 3, 2017, in Dean v. United States, 581 U.S. 62 (2017). For anyone facing a § 924(c) count, that gives the defense room to argue for a fairer total sentence.

After Dean, someone convicted of Hobbs Act robbery (robbery that affects interstate commerce) and a § 924(c) count could get as little as one day on the robbery count. The § 924(c) sentence would then run after that one day.

What happened in Dean

Levon Dean and his brother robbed two drug dealers. During each robbery, Dean's brother threatened and assaulted the victim with a gun, while Dean searched the place for valuables. Dean was convicted of multiple robbery and firearm counts (see also our post on burglary and the ACCA). Those included two counts of possessing a firearm to further a crime of violence, in violation of § 924(c).

Under the law at that time, before the First Step Act, a first § 924(c) conviction carried a 5-year mandatory minimum, and a second one carried an additional 25-year mandatory minimum. 18 U.S.C. § 924(c)(1)(A)(i), (C)(i). For Dean, that meant a 30-year mandatory minimum, served after and on top of whatever sentence he got on the other counts.

At sentencing, Dean asked the judge to consider those long mandatory minimums when setting the sentences on his other counts. He asked for concurrent one-day sentences on those counts. The judge said he would have agreed, but he believed § 924(c) did not allow a sentence of 30 years plus one day.

On appeal, Dean argued the judge was wrong to think he could not go below the Guidelines range because of the § 924(c) mandatory minimums. The Eighth Circuit said its own earlier cases blocked that argument, and that his sentence was otherwise substantively reasonable. 810 F.3d 521.

What the Supreme Court held

In a unanimous opinion by Chief Justice Roberts, the Court reversed and sent the case back. It held that § 924(c) does not stop a judge from considering the mandatory gun sentence when deciding the sentence for the predicate crime.

The Court's reasons, in plain terms:

• Judges have long had wide freedom over what they may consider at sentencing. Pepper v. United States, 562 U.S. 476 (2011).
• Judges keep that freedom even though federal law now lists factors they must weigh.
• The factors in 18 U.S.C. § 3553(a) apply to each count, not only to the total sentence. Those factors include "the nature and circumstances of the offense and the history and characteristics of the defendant," and the need for the sentence to serve four aims: just punishment, deterrence, protection of the public, and rehabilitation.
• The § 3553(a) factors are used to set the length of each separate prison term (18 U.S.C. § 3582(a)) and the total prison term when there are several counts (18 U.S.C. § 3584(b)). As a general rule, these laws let a judge sentencing one count consider the sentences on the other counts.
• The government argued that judges should set the term for each count on its own, ignoring the other counts, and look at the other sentences only when setting the total. The Court said nothing in the law requires that approach. There is no reason the § 3553(a) factors cannot be used for each count in a multi-count case.
• The government's reading also clashes with the text of these laws and with its own practice in "sentencing package" cases, where the counts are treated as connected. Greenlaw v. United States, 554 U.S. 237 (2008).
• Section 924(c) says the gun sentence is "in addition to" the predicate sentence and must run consecutively. Neither rule says how long the predicate sentence must be. A 30-year term followed by a one-day term still satisfies both.
• When Congress wants to bar this kind of offset, it says so. The aggravated identity theft statute, 18 U.S.C. § 1028A(b)(3), does. It says a court "shall not in any way reduce the term to be imposed" for the predicate crime "so as to compensate for, or otherwise take into account," the separate identity theft term. Section 924(c) has no such language. The Court noted that "drawing meaning from silence is particularly inappropriate" when Congress has shown it knows how to speak directly. Kimbrough v. United States, 552 U.S. 85 (2007).

What Dean means for you

If you or someone you love faces a § 924(c) count, the judge can weigh the mandatory gun sentence when setting the sentence on the other counts. Your lawyer can ask for a much shorter sentence on those counts. The judge does not have to grant it, so the request should be made in writing before sentencing, in the sentencing memorandum, and explained with the § 3553(a) factors. For an overview of the gun charges themselves, including § 922(g), § 924(c) and the Armed Career Criminal Act, see Criminal Center's guide to federal gun charges.

If the judge refuses because he believes the law does not allow it, that can be raised on appeal. In a federal criminal case, the notice of appeal is usually due within 14 days after the judgment is entered. Fed. R. App. P. 4(b)(1)(A).

Common questions

What is 924(c)?

It is the federal law, 18 U.S.C. § 924(c), that makes it a separate crime to use or carry a firearm during and in relation to a crime of violence or drug trafficking crime, or to possess one in furtherance of such a crime. It carries a mandatory minimum of at least 5 years, rising to 7 if the gun was brandished and 10 if it was discharged (18 U.S.C. § 924(c)(1)(A)).

Does a 924(c) sentence run consecutive?

Yes. By statute, no § 924(c) prison term may run concurrently with any other prison term, including the sentence for the underlying crime (18 U.S.C. § 924(c)(1)(D)(ii)). The judge may still consider the mandatory gun sentence when deciding the sentence for the other counts (Dean v. United States, 581 U.S. 62 (2017)).

Is a 924(c) conviction eligible for First Step Act time credits?

No. Section 924(c) is on the list of offenses that make a prisoner ineligible to earn First Step Act time credits (18 U.S.C. § 3632(d)(4)(D)(xxii)). Other credits, such as good conduct time, are governed by separate rules (18 U.S.C. § 3624(b)).

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